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HomeMy WebLinkAboutCity Council-Minutes-11/18/2003 City of ~ Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD NOVEMBER 18,2003 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of a property tax freeze on residential properties of the disabled and the elderly PC-2. Discussion of selecting dates for Capital Improvement Plan Worksessions PC-3. Discussion of identifying possible City-owned land for location of historical structures PC-4. Update of John McCain Road at SH26, John McCain Road at Westcoat Drive, Old Glade culvert and Glade Road at Heritage Avenue PC-5. Update of current economic development activities PC-6. Discussion of the November 18, 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 Acquisition - 2508 Glade Road Property Acquisition - 5318 Bransford Road Sec. 551.072 - Sec. 551.072 - P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Neda Moayad, Colleyyille Baha'i Community PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATION PLAQUES - Frank Whitmire, Richard Fairlamb and Craig Lemmon for service on the Traffic Safety Task Force PROCLAMATION - In recognition of National Employer Support of the Guard and Reserve Week - Damon Southard, Chair of the ESGR Committee and Ken Benson, Public Affairs Co-Chair of the Area 10 Committee (Area 10 includes North Texas) PROCLAMATION - In recognition of Marine Corps Major Timothy Adams for military service CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2260 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 4, 2003 b. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 8,2003 c. Approval of minutes of the Joint City Council and Parks and Recreation Advisory Board Worksession of October 8,2003 d. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 29,2003 e. Approval of a donation of a live oak tree and permanent memorial marker from Nancy Fry PUBLIC HEARINGS: 4. SECOND 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. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1429 _ Amending Ordinance 0-92-880 setting fees and charges for Real Estate Open House signs 6. SECOND 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. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1431 - Amending Section 2 of Ordinance 0-03-1430 to authorize the expenditure of $400,000 of unappropriated fund balance for additional street improvements 8. READING AND PUBLIC HEARING - Resolution R-03-2261 - Approval of the Preliminary Plat of Villas of COlleyville, 4.04 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive, Case P-03-028 9. READING AND PUBLIC HEARING - Resolution R-03-2262 - Acceptance of the Colleyville Economic Development Task Force report regarding economic development opportunities for Colleyville 10. READING AND PUBLIC HEARING - Resolution R-03-2263 - To override the Mayor's veto of Resolution R-03-2255A, appointing a member to the Planning and Zoning Commission 11. READING AND PUBLIC HEARING - Resolution R-03-2264 - To override the Mayor's veto of Resolution R-03-2255B, appointing a member to the Planning and Zoning Commission 12. READING AND PUBLIC HEARING - Resolution R-03-2265 - To override the Mayor's veto of Resolution R-03-2255C, appointing a member to the Planning and Zoning Commission 13. READING AND PUBLIC HEARING - Resolution R-03-2266 - Consideration of appointments to the Planning and Zoning Commission 14. READING AND PUBLIC HEARING - Resolution R-03-2267 - Amending Resolution R-92-753 changing the name of the Sidewalk Priorities Task Force 15. READING AND PUBLIC HEARING - Resolution R-03-2268 - Amending Resolution R-95-1122, which provides for a change regarding Councilmembers presenting subjects for Council consideration TABLED ITEM: 16. CONSIDERATION OF 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 STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT REPORTS: 18. PARKS AND RECREATION ADVISORY COMMITTEE MINUTES - September 8,2003 PARKS AND RECREATION ADVISORY COMMITTEE MINUTES - September 17,2003 ETHICS COMMISSION MINUTES - October 6, 2003 COLLEYVILLE TREE BOARD - November 4, 2002 HISTORICAL PRESERVATION COMMITTEE MINUTES - October 14, 2003 19. READING AND PUBLIC HEARING - Resolution R-03-2269 - Approval of a Final Plat of Emerson Estates (formerly Old Grove and Parker Place) 45.459 acres located west of the Westmont Addition, sourthwest of John McCain Road, Case P-03-019 CITIZEN COMMENTS: 20. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 21. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 18, 2003 - Reading and Public Hearing - Resolution R-03-2270 ADJOURNMENT: 22. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, November 14, 2~~~c~ 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 NOVEMBER 18, 2003 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on November 18, 2003, at 5:20 p.m. ROLL CALL: Council persons Mark Skinner, Elaine Dolan, Rich Hendler and Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Public Works Director Keith Fisher, Finance Director Terry Leake, Parks and Recreation Director Monica Walsh, Assistant to the City Manager Cindy Martin and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ginny Tigue arrived at 5:55 p.m. PC-1. Discussion of a property tax freeze on residential properties of the disabled and the elderly Discussion ensued regarding the senior population demographics of the City and the financial impact of a property tax freeze on residential properties of the disabled and the elderly to the City. Ms. Dee Barker stated that she would provide information regarding the property tax freeze from the Tax Assessor's office for the Council. Mr. Joe Deupree, Mr. Sam McCollough and Mr. Ed Havran spoke regarding the tax structure for future senior citizens. Council requested that staff provide additional information regarding City current and future demographics, tax rate, school district statistics and options regarding a tax freeze on land only. PC-2. Discussion of selecting dates for Capital Improvement Plan Worksessions A City Council Worksession was scheduled for December 1, 2003, at 5:30 p.m. at the new City Hall Executive Conference Room. CITY COUNCIL MINUTES NOVEMBER 18, 2003 PC-3. Discussion of identifying possible City-owned land for location of historical structures Discussion ensued regarding potential locations for historical structures, which included the current City Hal and Bransford Park. Ms. Dee Barker, representing the Tarrant County Historical Commission, provided criteria for property to be designated historical landmarks and the impact of the designation if a structure is relocated. Mr. Joe Deupree spoke regarding the value of relocating historical structures and potential locations for placement historical structures. Council requested that staff evaluate city owned property to determine suitability for historical structures. PC-4. Update of John McCain Road at SH26, John McCain Road at Westcoat Drive, Old Glade culvert and Glade Road at Heritage Avenue There was no discussion related to this item. PC-5. Update of current economic development activities There was no discussion related to this item. PC-6. Discussion of the November 18, 2003, City Council regular agenda items There was no discussion related to this item. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:49 p.m. 2 CITY COUNCIL MINUTES NOVEMBER 18, 2003 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on November 18, 2003, at 6:51 p.m. ROLL CALL: Council persons 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 Director Barry LeBaron, Community Development Coordinator Clayton Husband, Parks and Recreation Director Monica Walsh, CirculationlTechnical Services Librarian Matt Denton, Financial Analyst Collin Boothe, 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, and Section 551.072 - Property Acquisition. 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 7:44 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 Acquisition - 2508 Glade Road Property Acquisition - 5318 Bransford Road Sec. 551.072 - Sec. 551.072 - 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATION Mayor Hocutt announced that most City offices would close at noon on Friday, November 21, 2003, to allow for the move to the new City Hall. He further stated that the Utility Billing Department and Building Inspection Department would remain open until 5:00 p.m. Mayor Hocutt announced that a building permit had been issued for Lifetime Fitness. 3 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Mayor Pro Tem Tigue announced that the Colleyville Public Library will open Monday, November 24, 2003, and invited everyone to attend the Library Foundation Gala to be held on Saturday, November 22, 2003, at 7:00 p.m., on the second floor of the Library. Councilman Skinner congratulated the Covenant Christian Academy Cougars for progressing to the second round of 2A state playoffs in football. Mayor Pro Tem Tigue announced that it is Councilman Skinner's birthday and Mrs. Skinner provided dinner for Council and staff in celebration of the event. Mayor Hocutt expressed gratitude to Mr. Frank Whitmire, Mr. Richard Fairlamb and Mr. Craig Lemmon for service on the Traffic Safety Task Force and presented a plaque to Mr. Whitmire. Mr. Fairlamb and Mr. Lemmon were unable to attend the meeting. Mayor Hocutt presented a Proclamation to Damon Southard, Chair of the Employer Support of the Guard and Reserve (ESGR) Committee and Ken Benson, Public Affairs Co-Chair of the Area 10 Committee which includes North Texas Mr. Benson spoke regarding the work of the ESGR. Mr. Southard presented Mayor Hocutt with a medallion. Mayor Hocutt presented a Proclamation to Marine Corps Major Timothy Adams for his military service in Iraq. Major Adams spoke regarding his service in Iraq and expressed appreciation to the community for their support. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2260 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 4, 2003 b. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 8, 2003 c. Approval of minutes of the Joint City Council and Parks and Recreation Advisory Board Worksession of October 8,2003 d. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 29,2003 4 CITY COUNCIL MINUTES NOVEMBER 18, 2003 e. Approval of a donation of a live oak tree and permanent memorial marker from Nancy Fry Mayor Hocutt opened the public hearing and read Resolution R-03-2260 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-03-2260. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Councilman Hendler announced that the donation of the live oak tree was in honor of Mr. Ray Hebert for his support and involvement in the Colleyville Baseball Association. PUBLIC HEARINGS: 4. SECOND 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. Ms. Barbara Alsworth, 2008 Plaza Drive, Bedford, Texas, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan stated, "I do not feel comfortable with the proposed regulations of 112 square feet; I believe our goal was to make Colleyville Boulevard neater, cleaner, less congested. The current sign ordinance is 90 square feet. I don't understand why we are making signs bigger and the second point, I would prefer that we have no allowance for two signs on a property of 500 feet where currently there is only one. I believe there is no indication why we need, why there is a necessity for two signs. I think, again, that allows for over congestion and so in that regard I am not comfortable with it. " Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1428. 5 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Councilman Hendler seconded the motion. Ayes: Council persons Skinner, Hendler, Ayers and Mayor Pro Tem Tigue Nays: Councilman Dolan Mayor Hocutt declared the motion carried. 5. SECOND 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. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Ordinance 0-03-1429, with the amendment to change the permit fee to $50.00. Councilman Hendler seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 6. SECOND 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. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Ordinance 0-03-1430. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None 6 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Mayor Hocutt declared the motion carried. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1431 - Amending Section 2 of Ordinance 0-03-1430 to authorize the expenditure of $400,000 of unappropriated fund balance for additional street improvements Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1431. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the selection of streets to be repaired and the partnership with Tarrant County for road repair. City Manager Bill Lindley provided information related to the funding of neighborhood streets and road repairs and schedule for repairs. Discussion ensued regarding funding for Capital Improvement Plan items as it relates to road repair. Councilman Skinner requested that consideration be given to designating a portion of these monies to be considered for funding an economic development plan. 8. READING AND PUBLIC HEARING - Resolution R-03-2261 - Approval of the Preliminary Plat of Villas of Colleyville, 4.04 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive, Case P-03-028 Mayor Hocutt opened the public hearing and read Resolution R-03-2261 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-03-2261. Councilman Skinner seconded the motion. Ayes: Council persons Skinner, Dolan, Ayers and Mayor Pro Tem Tigue Nays: Councilman Hendler Mayor Hocutt declared the motion carried. 7 CITY COUNCIL MINUTES NOVEMBER 18, 2003 9. READING AND PUBLIC HEARING - Resolution R-03-2262 - Acceptance of the Colleyville Economic Development Task Force report regarding economic development opportunities for Colleyville This was item was considered in the Item 4 position. Mayor Hocutt opened the public hearing and read Resolution R-03-2262 in its entirety. There was no one present wishing to speak and Mayor Hocutt closed the public hearing. Mr. Victor Dupuy provided an overview of the process for developing the Colleyville Economic Development Task Force report. Mr. John Grace, reported on the findings of the City Ordinance and Policy Subcommittee, and recommended a review of the Land Development Code, enforcement of city codes regarding landscaping, recommendations for hiring an Economic Development Director, Charter review regarding terms of Council and election dates and review of the Master Plan dedicated to commercial development. Mr. Bob Hill reported on the findings of the Marketing Subcommittee and recommended hiring an Economic Development Director, implementing a beautification program for SH26 and implementing a public relations program for the City. Mr. John Lynch reported on the findings of the Commercial and Residential Development Subcommittee and recommended hiring an Economic Development Director, developing an interactive website, subscribing to and advertising in national and regional publications, conducting a major artery traffic study and developing a database of demographics and financial data for economic development use. Mark Howe, Chair of the Economic Development Task Force expressed gratitude to the members of the Task Force for their work and dedication. Mr. Howe provided a summary of the findings and recommendations of the subcommittees. The Council, by acclamation, suspended the rules to allow citizens to speak. Ms. Betty Jean Willbanks, 5400 St. Emilion Court, spoke regarding the basis for citizen's desire to locate and remain in Colleyville. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the longevity and success of Foreman's Feed Store and density of neighborhoods. Mr. Mike Taylor, 5016 Chelsea Lane, spoke regarding the future economic development of Colleyville, establishing a community standard and primary corridors for development. 8 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Mr. Richard Newton, 6107 Lansford Lane, commended the Economic Development Task Force for their work and spoke regarding the parks system, library, tax rate, property values and retail sales rate. Councilman Ayers expressed gratitude to the Economic Development Task Force for their dedication and the economic development plan and regarding the Council's implementation of an economic development plan. Mayor Pro Tem Tigue expressed gratitude to the economic Development Task Force for their work and spoke regarding the timing of the development of the City, the impact of the Tax Increment Financing District and quality development. Councilman Dolan commended the Economic Development Task Force for their professionalism and well thought out conclusions. Councilman Hendler spoke regarding an economic development plan, the future development of the City and commended the Economic Development Task Force for their work. Councilman Skinner expressed gratitude to the Task Force for a "great scouting report". Mayor Hocutt expressed gratitude to the Task Force and spoke regarding the resources of the City for development and requested that staff include the report on the City's website. Councilman Skinner moved to approve Resolution R-03-2262. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt recessed the meeting at 9:50 p.m. and reconvened at 10:08 p.m. 10. READING AND PUBLIC HEARING - Resolution R-03-2263 - To override the Mayor's veto of Resolution R-03-2255A, appointing a member to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-03-2263 in its entirety. 9 CITY COUNCIL MINUTES NOVEMBER 18,2003 Mr. Jim Moore, 1416 Glade Road, spoke in favor of the proposed Resolution and regarding the development of the Charter, the appointment process and the service of Mayor Hocutt on the City Council and read a statement regarding the appointments signed by former elected officials Don Butler, Steve Helling, Claudia McKenney, Linda Newton, Jim Moore, Frank Carroll, Nelson Thibodeaux, Smokey Vanover, Mike Taylor, Jody Short, and Gerald Styles; Mayors Buck Hubbard, Frank Whitmire, Richard Newton, Ed Baker and Ed McKnight. Mr. David Fink, 6400 Ponderosa Lane, spoke in favor the proposed Resolution and regarding the leadership of the Mayor, the appointment process and legal counsel. Mr. Tom Dolan, 6317 Pleasant Run Road, spoke in favor of the proposed Resolution and regarding the reputation of the City, the behavior of the Council, and the appointment process. Mr. Tony Licata, 5600 Creekside Court, spoke in favor of the proposed Resolution and regarding the appointment process. Mr. Rich Munson, 1905 Hall Johnson Road, spoke in opposition to the proposed Resolution and regarding past Planning and Zoning Commission appointments and road design. Mr. Steven Knight, spoke in opposition to the proposed Resolution. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution and regarding potential appointments and reopening the application period for the Planning and Zoning Commission. Mr. Dave Dudziak, 2301 Wilkes Court, spoke in favor of the proposed Resolution and regarding his qualifications and commitment to serve on the Planning and Zoning Commission. Mr. Tom Pitts, 3605 Wexford Court, spoke in opposition to the proposed Resolution and regarding reopening the application period for Planning and Zoning Commission. Ms. Kathy Hadley, spoke in opposition to the proposed resolution and regarding the politics of the City and reopening the application period for the Planning and Zoning Commission. Ms. Jo Ann Gasper, 4103 Paddington Way spoke in opposition to the proposed Resolution and in support of reopening the application period for the Planning and Zoning Commission. 10 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Mr. Fred Ballinger, 304 W. Bandit Trail, spoke in opposition to the proposed Resolution and regarding the appointment process and reopening the application period 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 read the veto letter for Resolution R-03-2255A, which was sent to Councilmembers and the City Secretary. 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 spoke regarding the appointments, the stalemate of the process and reopening the application period for the Planning and Zoning Commission. City Manager Bill Lindley provided an overview of the process for appointing citizens to the Boards, Commissions and Committees. Councilman Ayers moved to approve Resolution R-03-2263. 11 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Councilman Dolan seconded the motion. Ayes: Council persons Dolan, Hendler and Ayers Nays: Councilman Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared that Resolution R-03-2263 requires four votes for approval; therefore, Resolution R-03-2263 is denied and the veto is upheld. 11. READING AND PUBLIC HEARING - Resolution R-03-2264 - To override the Mayor's veto of Resolution R-03-2255B, appointing a member to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-03-2264 in its entirety. Mr. Mike Taylor, 5016 Chelsea Drive, spoke in support of Mr. Tom Hart's appointment to the Planning and Zoning Commission and regarding the appointment process. Mr. David Fink, 6400 Ponderosa Lane, spoke in favor of the proposed Resolution and regarding future appointments. Mr. Fred Ballinger, 304 W. Bandit Trail, spoke in opposition to the proposed Resolution and regarding reopening the application process for the Planning and Zoning Commission. Mr. Steven Knight, 3917 Felps, spoke in opposition to the proposed Resolution and regarding reopening the application process for the Planning and Zoning Commission. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution and regarding reopening the application process for the Planning and Zoning Commission. Ms. Kathy Hadley, 204 Timberline Street North, spoke in opposition to the proposed Resolution. Mr. Tom Pitts, 3605 Wexford Court, spoke in opposition to the proposed Resolution and regarding the Master Plan process, the qualifications for the Planning and Zoning Commission members and reopening the application process for the Planning and Zoning Commission. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 12 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Councilman Ayers spoke regarding the qualifications of Mr. Tom Hart to serve as a Planning and Zoning Commission member and the appointment process. Councilman Ayers moved to approve Resolution R-03-2264. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilpersons Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared that Resolution R-03-2264 requires four votes for approval; therefore, Resolution R-03-2264 is denied and the veto is upheld. 12. READING AND PUBLIC HEARING - Resolution R-03-2265 - To override the Mayor's veto of Resolution R-03-2255C, appointing a member to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-03-2265 in its entirety. Mr. Steven Knight, 3917 Felps Court, spoke in opposition to the proposed Resolution. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution and regarding reopening the application process for the Planning and Zoning Commission members. Mr. David Fink, 6400 Ponderosa Lane, spoke in opposition to the proposed Resolution and regarding the process for appointments and potential applicants. Mr. Fred Ballinger, 304 West Bandit Trail, spoke in opposition to the proposed Resolution and potential applicants. Mr. Richard Newton, 6107 Lansford Lane, spoke in favor of the proposed resolution and regarding integrity and truth and the Mayor's reason for the vetoes. Mr. Clif Holliday, 2712 Meadowview Drive, spoke in favor of the proposed Resolution and regarding the legal counsel provided by the City Attorney. Mr. Joe Deupree, 5201 Montclair, spoke regarding compromise and convictions. Mr. Tom Hart, 1717 Avondale, spoke in favor of the proposed Resolution and regarding the appointment to the Planning and Zoning Commission, political discrimination and diversity. 13 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Ms. Kathy Hadley, 204 Timberline Street North, spoke regarding her father's service on the Planning and Zoning Commission in support of the Mayor. Ms. Donna Arp, 4607 Cresthaven, spoke in opposition to the proposed Resolution and regarding the role of Mayor and regarding voting records of elected and appointed officials and the appointment process. Mr. Tom Dolan, 6317 Pleasant Run Road, provided clarification of previous remarks regarding the City and the City Council. Mr. Dave Dudziak, 2301 Wilkes Court, spoke in support of and regarding the qualifications of LuAnn Edwards to serve on the Planning and Zoning Commission and the appointment process. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the future development of the City, the appointment of Planning and Zoning Commission members, previous appointments to Boards, Commissions and Committees and the appointment process. Councilman Dolan moved to approve Resolution R-03-2265. Councilman Ayers seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Council persons Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared that Resolution R-03-2265 requires four votes for approval; therefore, Resolution R-03-2265 is denied and the veto is upheld. 13. READING AND PUBLIC HEARING - Resolution R-03-2266 - Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-03-2266 in its entirety. Mr. Joe Tigue, 4415 Meandering Way, spoke regarding the appointments to the Planning and Zoning Commission and reopening the application period. Mr. Nelson Thibodeaux, 4211 Green Meadow East, spoke regarding future Boards, Commissions and Committee appointments, former elected officials and the appointment process. 14 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Mr. David Fink, 6400 Ponderosa Lane, spoke regarding the Boards, Commission and Committee terms of office, road widenings and the future of business on SH26. Mr. Steven Knight, 3917 Felps Court, spoke in support of the Mayor's veto. Mr. Fred Ballinger, 304 W. Bandit Trail, spoke in support of reopening the application period for the Planning and Zoning Commission. Mr. Tom Pitts, 3605 Wexford Court, spoke in support of reopening the application period for the Planning and Zoning Commission. Ms. Donna Arp, 4607 Cresthaven, spoke regarding her employment, service on the Tax Increment Financing District and conditions on which she would resign from the Tax Increment Financing District Board, the Open Meetings Act, the economic development of the City and the impact of widening of SH26. Mr. Richard Newton, 6107 Lansford Lane, spoke regarding the actions of the Ethics Commission. Mr. Clif Holliday, 2712 Meadowview Drive, spoke regarding the Planning and Zoning Commission appointments and potential applicants. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to reopen the application period for the Planning and Zoning Commission. Councilman Skinner seconded the motion. Aye: Councilman Skinner and Mayor Pro Tem Tigue Nays: Councilpersons Dolan, Ayers and Hendler Mayor Hocutt declared the motion denied. Councilman Ayers presented a procedural change to divide the question and create three separate resolutions, Resolution R-03-2266A for Place 5, Resolution R-03-2266B for Place 6 and Resolution R-03-2266C for Place 7. Councilman Dolan seconded the motion. Ayes: Council persons Ayers, Dolan and Hendler Nays: Councilman Skinner and Mayor Pro Tem Tigue 15 CITY COUNCIL MINUTES NOVEMBER 18,2003 Mayor Hocutt declared the motion approved. Mayor Hocutt opened the floor for nominations for Place 5. Councilman Skinner nominated Mark Jones. Councilman Dolan nominated Dave Dudziak. Mark Jones: Dave Dudziak: Councilman Skinner and Mayor Pro Tem Tigue Council persons Dolan, Hendler and Ayers Mayor Hocutt declared Dave Dudziak appointed to Place 5 of the Planning and Zoning Commission on Resolution R-03-2266A. Mayor Hocutt opened the floor for nominations for Place 6. Councilman Skinner nominated Mark Jones. Councilman Dolan nominated Tom Hart. Mayor Hocutt called for the vote. Mark Jones: Tom Hart: Councilman Skinner and Mayor Pro Tem Tigue Council persons Dolan, Ayers and Hendler Mayor Hocutt declared Tom Hart appointed to Place 6 on Resolution R-03-2266B. Mayor Hocutt opened the floor for nominations for Place 7. Councilman Skinner nominated Mark Jones. Councilman Dolan nominated Luann Edwards. Mark Jones: Luann Edwards. Councilman Skinner and Mayor Pro Tem Tigue Council persons Ayers, Dolan and Hendler Mayor Hocutt declared Luann Edwards appointed to Place 7 on Resolution R-03- 2266C. 14. READING AND PUBLIC HEARING - Resolution R-03-2267 - Amending Resolution R-92-753 changing the name of the Sidewalk Priorities Task Force Mayor Hocutt opened the public hearing and read Resolution R-03-2267 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 16 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Councilman Dolan moved to approve Resolution R-03-2267. Councilman Hendler seconded the motion. Mayor Pro Tem Tigue spoke regarding funding for completion of the Mill Creek sidewalk. City Manager Bill Lindley provided a history of the Sidewalk Priorities Task Force. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Council requested that City Manager Bill Lindley include an item on the December 2, 2003, City Council agenda providing for funding of the Mill Creek sidewalk. Mayor Hocutt declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-03-2268 - Amending Resolution R-95-1122, which provides for a change regarding Councilmembers presenting subjects for Council consideration Mayor Hocutt opened the public hearing and read Resolution R-03-2268 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-03-2268. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler and Ayers Nays: Mayor Pro Tem Tigue Mayor Hocutt declared the motion carried. TABLED ITEM: 16. CONSIDERATION OF 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 Councilman Skinner moved to remove Ordinance 0-03-1416 from the table. Councilman Ayers seconded the motion. 17 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1416. 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 the modifications to the proposed Ordinance Ms. Janice Hodges, 805 Beverly Drive, applicant, was present to answer questions of the Council. Discussion ensued regarding landscape screening and the site plan and permissible land uses. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1416, with the amendment to add to Section 2. Permitted Uses: g. Sub-area "G" - Open Space" Councilman Hendler seconded the motion. Council suspended the rules, by acclamation, to allow citizens to speak. Mr. Dave Dudziak, 2301 Wilkes Court, spoke regarding the use of gravel and the distance of area designated for RV parking from residential area. Ayes: Councilpersons Skinner, Hendler, Ayers and Mayor Pro Tem Tigue Nays: Councilperson Dolan Mayor Hocutt declared the motion carried. STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT There was no action taken on this item. REPORTS: 18. PARKS AND RECREATION ADVISORY COMMITTEE MINUTES - September 8,2003 18 CITY COUNCIL MINUTES NOVEMBER 18, 2003 PARKS AND RECREATION ADVISORY COMMITTEE MINUTES - September 17, 2003 ETHICS COMMISSION MINUTES - October 6, 2003 COLLEYVILLE TREE BOARD - November 4, 2002 HISTORICAL PRESERVATION COMMITTEE MINUTES - October 14, 2003 19. READING AND PUBLIC HEARING - Resolution R-03-2269 - 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-03-2269 in its entirety. Mr. AI Zim, 7209 John McCain Road, spoke in opposition to the proposed Resolution and regarding drainage on his property. Mr. Robert Jackson, 300 John McCain Road, spoke regarding erosion concerns, water flow from Emerson Estates and tree damage. Ms. Carol Parker, 103 and 105 West John McCain, spoke in opposition to the proposed Resolution and regarding a deeded access, the entrance to Emerson Estates and the 30 foot easement. Mr. Fred Ballinger, 304 W. Bandit Trail, spoke in opposition to the proposed resolution and regarding resolution of issues with neighbors, realignment of entrance and preservation of trees. Mr. Grady Walker, 7309 John McCain Road, spoke in opposition to the proposed resolution and regarding a proposed realignment of John McCain, entrance to Emerson Estates and tree preservation. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the safety of the entrance. Mr. Eddie Eckart of Goodwin and Marshall, representing the applicant, spoke regarding the realignment of the Parker driveway, tree preservation and was present to answer questions of the Council. Discussion ensued regarding the status of a former dump site on the Emerson Estate property, drainage, TCEQ Notice Of Inform Permit address and the entrance realignment. 19 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Mayor Pro Tem Tigue moved to deny Resolution R-03-2269 without prejudice. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Hendler, Ayers and Mayor Pro Tem Tigue Nays: Councilman Dolan Mayor Hocutt declared the motion carried. CITIZEN COMMENTS: 20. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one wishing to speak. ACTION/RESOLUTION: 21. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 18, 2003 - Reading and Public Hearing - Resolution R-03-2270 This Resolution was not needed. ADJOURNMENT: 22. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 2:12 a.m. APPROVED THIS 02 ~ DAY OF ~Ce/7"Y)~ 2003, BY A VOTE OF ..s- AYES, 0 NAYS AND 0 ABSTENTIONS. 20 CITY COUNCIL MINUTES NOVEMBER 18, 2003 Minutes taken and prepared by: !0c~ ' Cynthia Singleton, TRMC City Secretary ~ 21