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HomeMy WebLinkAboutCity Council-Minutes-2/3/2004 CHY of Ie Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET FEBRUARY 3, 2004 5:15 P.M. - PRE-COUNCIL AGENDA PC-1. Discussion of Water Impact Fee Ordinance for secondary meters for irrigation purposes and report from the Capital Improvements Advisory Committee, Case G-03-036 PC-2. Discussion of City Council Metroport Cities Partnership Appointment PC-3. Discussion of hosting a citywide volunteer appreciation-participation program PC-4. Discussion of the February 3, 2004, 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 0 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 Dorothy Eggering, Good Shepherd Catholic Community 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Sister Dorothy Eggering, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of "Wear Red for Women Day" - Dennis Carpenter, American Heart Association volunteer PRESENTATION - Donation of $21,730 to the Friends of the Colleyville Public Library - Carol Wollin, President, by Verizon Foundation - Cesar Moncada, Director of external Affairs for Verizon Communications, Southwest Region CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2303 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 20, 2004 b. Approval of the minutes of the Joint City Council and Economic Development Task Force Worksession of January 21,2004 c, Approval of an Encroachment and Joint Use Agreement of a public right- of-way on Lots 1, 17 and 18, Block 1, Tanglewood Addition, to construct entry archway features and a fountain, located at 7103 Trianon Court, Case G-04-005 d. Approval of a Contract with Corporate Express for the purchase of office supplies through the Tarrant County Cooperative Purchasing Program e. Approval of an Agreement with Grapevine-Colleyville Independent School District (GCISD) to provide printing services PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1439 - Approval of a Zoning change from AG to R20 Single Family Residential, 0.9968 acres located at 1204 John McCain Road, Case Z-03-030 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1440 - Approval of an amendment to the PUD-C for the Village at Colleyville (Ordinance 0-02-1337.4) regarding security fencing and walls, Case Z-04-001 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1441 - Approval of a Zoning Change from CC1 to PUD-C Planned Unit Development Commercial on 1.96 acres located at 5217 Pleasant Run Road, Case Z-04-002 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1442 - Approval of a Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard, Case Z-04-003 B. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1443- Approval of a City-Developer Agreement with Salyer Real Estate, LLC for the Oak Knoll North Addition 9. READING AND PUBLIC HEARING - Resolution R-04-2304 - 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, Case P-04-002 10. READING AND PUBLIC HEARING - Resolution R-04-2305 - Approval of the Final Plat Maass Estates, 9.5 acres located at 2113 Glade Road and 4800 Bill Simmons Road, Case P-04-002 11. READING AND PUBLIC HEARING - Resolution R-04-2306 - Approval of a waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields 12. READING AND PUBLIC HEARING - Resolution R-04-2307 - Approval of a waiver for the Colleyville Baseball Association (CBA) for use of the Colleyville City Park game fields 13. READING AND PUBLIC HEARING - Resolution R-04-2308 - Approval of Comcast Cable Communications, formerly AT&T Broadband, Basic Cable Service, Equipment and Installation Rates 14. READING AND PUBLIC HEARING - Resolution R-04-2309 - Approval of a contract for the purchase and installation of fixed seating in the Colleyville City Hall, in the amount of $45,023.04 15. READING AND PUBLIC HEARING - Resolution R-04-2310 - Calling a General Election for the purpose of electing Council person to Places 3, 4 and 5 16. READING AND PUBLIC HEARING - Resolution R-04-2311 - Approval of a contract with the Tarrant County Elections Administration for election services 17. READING AND PUBLIC HEARING - Resolution R-04-2312 - Approval to secure the services of the Buxton Group Consulting Firm to prepare the demographic analysis to assist in developing an Economic Development Plan 1B. READING AND PUBLIC HEARING - Resolution R-04-2313 - Approval of a construction contract with DDM Construction Corporation for the Glenhope Elementary Drainage Improvements in the amount of $26,490.86 TABLED ITEMS: 19. CONSIDERATION OF ORDINANCE 0-03-1432 - Approval of a Zoning Change from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage Sales on 2.17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road, Case Z-03-026 20. CONSIDERATION OF ORDINANCE 0-03-1436 - Approval to place restrictions on the use and operation of motor assisted scooters by prohibiting the operation of motor assisted scooters on streets, highways, paths and alleys 21. CONSIDERATION OF RESOLUTION R-03-22B3 - To override the Mayor's veto of Resolution R-03-2276, appointing members to the Planning and Zoning Commission 22. CONSIDERATION OF RESOLUTION R-03-22B4 - Consideration of appointments to the Planning and Zoning Commission 23. CONSIDERATION OF RESOLUTION R-04-229B - Approval of a waiver of perimeter street improvement requirements for Lot 1, Block 1, LeGrand Estate located at 302 Bandit Trail, Case P-04-001 REPORTS: 24. CITY MANAGER'S REPORT CONCERNING CITIZEN COMMENTS REGARDING THE PLANNING AND ZONING COMMISSION PRESENTED AT THE JANUARY 20, 2004, CITY COUNCIL MEETING CITIZEN COMMENTS: 25. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 26. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 3, 2004 - Reading and Public Hearing - Resolution R-04-2314 ADJOURNMENT: 27. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, January 30, 2004, at 5:00 p.m. ~~~~IJI~ 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 FEBRUARY 3, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on February 3, 2004, at 5:22 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, Community Development Manager Barry LeBaron, Fire Chief Mike Johnston, Police Chief John Young, Public Works Director Keith Fisher, Financial Analyst Collin Boothe, Parks and Recreation Director Monica Walsh, Assistant to the City Manager Cindy Martin and City Secretary Cynthia Singleton were also present. PC-1. Discussion of Water Impact Fee Ordinance for secondary meters for irrigation purposes and report from the Capital Improvements Advisory Committee, Case G-03-036 Community Development Manager Barry LeBaron provided an overview of the proposed ordinance. Mr. Grady Walker provided an overview of the proposed amendments to the Chapter 13 Impact Fees Land Development Code and was present to answer questions of the Council. There was general discussion regarding a waiver of the water impact fee for a second water meter and the reasons for the installation of a second water meter. PC-2. Discussion of City Council Metroport Cities Partnership Appointment There was a general consensus that the Mayor and Council members would attend the Metroport Cities Partnership meetings on a regular basis and as their schedule permits. CITY COUNCIL MINUTES FEBRUARY 3, 2004 Mayor Pro Tem Tigue stated that the February 26, 2004, Metroport Cities Partnership meeting would be held at The Gaylord Texas Hotel in Grapevine, PC-3. Discussion of hosting a citywide volunteer appreciation-participation program Councilman Hendler presented a proposal for the City to host an appreciation event for volunteers to the City boards, commissions and committees and an event recognizing the non-profit organizations available to the citizens. There was general discussion regarding the format and timing of the event. PC-4. Discussion of the February 3, 2004, City Council regular agenda items There was general discussion regarding the proposed ordinance related to the use and operation of motor assisted scooters, There being no further business, Mayor Hocutt declared the meeting adjourned at 6:47 p.m, The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on February 3, 2004, at 6:57 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 Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Police Chief John Young, Fire Chief Mike Johnston, Parks and Recreation Director Monica Walsh, Financial Analyst Collin Boothe, Circulation and Technical Services Librarian Matt Denton, Assistant to the City Manager Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 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 FEBRUARY 3, 2004 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 6:57 p.m. and reconvened at 7:34 p,m, The invocation was given by Councilman Rich Hendler and City Attorney Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt expressed appreciation to the citizens for attending the City Hall and Library Open House. Mayor Hocutt presented a Proclamation in recognition of 'Wear Red for Women Day" to Mr, Dennis Carpenter of the American Heart Association. Mr. Carpenter expressed appreciation to the citizens of Colleyville for their support of the American Heart Association and invited everyone to attend the annual Gala on May 7,2004. Mr. Cesar Moncada, Director of External Affairs for Verizon Communications, Southwest Region, presented a donation of $21,730 to Carol Wollin, President, Friends of the Colleyville Public Library and Mary Rodne, Colleyville Public Library Director. Ms. Wollin provided an overview of items acquired for the Library with the Literacy Grant monies and expressed appreciation to Verizon Communications for the grant. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2303 - Consent Items: a. Approval of minutes of the regular City Council meeting of January 20, 2004 b, Approval of the minutes of the Joint City Council and Economic Development Task Force Worksession of January 21,2004 3 CITY COUNCIL MINUTES FEBRUARY 3, 2004 c. Approval of an Encroachment and Joint Use Agreement of a public right- of-way on Lots 1, 17 and 18, Block 1, Tanglewood Addition, to construct entry archway features and a fountain, located at 7103 Trianon Court, Case G-04-005 d. Approval of a Contract with Corporate Express for the purchase of office supplies through the Tarrant County Cooperative Purchasing Program e, Approval of an Agreement with Grapevine-Colleyville Independent School District (GCISD) to provide printing services Mayor Hocutt opened the public hearing and read Resolution R-04-2303 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-04-2303, Mayor Pro Tem Tigue seconded the motion, Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried, City Manager Bill Lindley expressed appreciation to the Grapevine-Colleyville Independent School District (GCISD) for providing printing services and to the City Council for partnering with GCISD for this service. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1439 _ Approval of a Zoning change from AG to R20 Single Family Residential, 0,9968 acres located at 1204 John McCain Road, Case Z-03-030 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1439. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Ordinance 0-04-1439. Councilman Ayers seconded the motion, 4 CITY COUNCIL MINUTES FEBRUARY 3, 2004 Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1440 _ Approval of an amendment to the PUD-C for the Village at Colleyville (Ordinance 0-02-1337.4) regarding security fencing and walls, Case Z-04-001 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1440. 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 Ordinance 0-04-1440, Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried, 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1441 - Approval of a Zoning Change from CC1 to PUD-C Planned Unit Development Commercial on 1.96 acres located at 5217 Pleasant Run Road, Case Z-04-002 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1441. 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 proposed development. Mr. Tom Miller, 1407 Oak Knoll, applicant was present to answer questions of the Council. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1442 - Approval of a Zoning Change from CC1 to PUD-R Planned Unit Development Residential on 8.782 acres located at 5850 Colleyville Boulevard, Case Z-04-003 5 CITY COUNCIL MINUTES FEBRUARY 3, 2004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1442, 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 proposed development. Mr. Gary Cantrell, 3100 Glade Road, applicant, was present to answer questions of the council and spoke regarding open space, the development of a baseball field and soccer field on the property; accessibility of game fields, lighting and maintenance of fields and access from neighboring subdivision to the schools. Discussion ensued regarding type, quality, price range and size of the homes, Mr, Mark Howe, 3100 Caris brooke, Real Estate Broker, representing the applicant, was present to answer questions of the Council. Discussion continued regarding the operating expense of maintaining the game fields by the Grapevine-Colleyville Independent School District and future maintenance of the property. Council requested that staff provide the optimum traffic flow for this development. Item 20 was considered at this time. B. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1443 - Approval of a City-Developer Agreement with Salyer Real Estate, LLC for the Oak Knoll North Addition Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1443, There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, 9. READING AND PUBLIC HEARING - Resolution R-04-2304 - Approval of a waiver of perimeter street improvement requirements for 9,544 acres out of the Simon Cotrail Survey, Abstract 328, located at 2113 Glade Road and 4800 Bill Simmons Road, Case P-04-002 Mayor Hocutt opened the public hearing and read Resolution R-04-2304 in its entirety, 6 CITY COUNCIL MINUTES FEBRUARY 3, 2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Tigue moved to deny Resolution R-04-2304, Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried, 10. READING AND PUBLIC HEARING - Resolution R-04-2305 - Approval of the Final Plat Maass Estates, 9.5 acres located at 2113 Glade Road and 4800 Bill Simmons Road, Case P-04-002 Mayor Hocutt opened the public hearing and read Resolution R-04-2305 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-04-2305. Councilman Ayers seconded the motion, Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-04-2306 - Approval of a waiver for the Colleyville Girl's Softball Association (CGSA) for use of the Colleyville City Park game fields Mayor Hocutt opened the public hearing and read Resolution R-04-2306 in its entirety. Mr. Keith Staudt, 7208 Belle Mead, expressed appreciation for the waiver, commended the Parks staff for the maintenance of the game fields and spoke regarding the convenience and safety of using the fields and CGSA providing mats that protect the mounds, 7 CITY COUNCIL MINUTES FEBRUARY 3, 2004 Mr. Mark Bauer, 609 Colts Neck Court, expressed appreciation for consideration of the waiver and spoke regarding the Sneed property and provided clarification of the dates needed for practice. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt expressed appreciation for the contributions made by the Colleyville Girl's Softball Association, Councilman Ayers moved to approve Resolution R-04-2306. Councilman Hendler seconded the motion. Councilman Dolan requested that staff provide information regarding the use of mats to protect the fields. 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-04-2307 - Approval of a waiver for the Colleyville Baseball Association (CBA) for use of the Colleyville City Park game fields Mayor Hocutt opened the public hearing and read Resolution R-04-2307 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Resolution R-04-2307, Councilman Dolan seconded the motion, Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried, 8 CITY COUNCIL MINUTES FEBRUARY 3, 2004 13. READING AND PUBLIC HEARING - Resolution R-04-2308 - Approval of Comcast Cable Communications, formerly AT&T Broadband, Basic Cable Service, Equipment and Installation Rates Mayor Hocutt opened the public hearing and read Resolution R-04-2308 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-04-2308. Councilman Ayers 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-04-2309 - Approval of a contract for the purchase and installation of fixed seating in the Colleyville City Hall, in the amount of $45,023.04 Mayor Hocutt opened the public hearing and read Resolution R-04-2309 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, City Manager Bill Lindley provided the purchasing history of the fixed seating for the Council Chambers. Councilman Ayers moved to approve Resolution R-04-2309, 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. 15. READING AND PUBLIC HEARING - Resolution R-04-2310 - Calling a General Election for the purpose of electing Councilperson to Places 3, 4 and 5 9 CITY COUNCIL MINUTES FEBRUARY 3, 2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2310 in its entirety, There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, Councilman Skinner moved to approve Resolution R-04-2310, 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. 16. READING AND PUBLIC HEARING - Resolution R-04-2311 - Approval of a contract with the Tarrant County Elections Administration for election services Mayor Hocutt opened the public hearing and read Resolution R-04-2311 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-04-2311, Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-04-2312 - Approval to secure the services of the Buxton Group Consulting Firm to prepare the demographic analysis to assist in developing an Economic Development Plan Mayor Hocutt opened the public hearing and read Resolution R-04-2312 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, Discussion ensued regarding the future implementation of the Economic Development Plan, 10 CITY COUNCIL MINUTES FEBRUARY 3, 2004 Mr, Joseph Fackel of the Buxton Group Consulting Firm was present to answer questions of the Council. Council requested that a meeting be scheduled February 17, 2004, at 4:00 p,m, with the Buxton Group Consulting Firm. Councilman Dolan moved to approve Resolution R-04-2312. Councilman Skinner seconded the motion, Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried, 1B. READING AND PUBLIC HEARING - Resolution R-04-2313 - Approval of a construction contract with DDM Construction Corporation for the Glenhope Elementary Drainage Improvements in the amount of $26,490.86 Mayor Hocutt opened the public hearing and read Resolution R-04-2313 in its entirety. Mayor Hocutt read, into the record, a letter from Ms. Luann Edwards, 220 W, Glade Road, regarding the opening of Glenhope Elementary School and drainage issues on the property, City Manager Bill Lindley provided information regarding a meeting with the Grapevine- Colleyville Independent School District (GCISD) officials related to the drainage issues at 6608 Glenhope Circle. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the agreement between GCISD and the City to share the costs of drainage improvements, Councilman Skinner moved to approve Resolution R-04-2313. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding the qualifications of DDM Construction Corporation, Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None 11 CITY COUNCIL MINUTES FEBRUARY 3, 2004 Mayor Hocutt declared the motion carried. TABLED ITEMS: 19. CONSIDERATION OF ORDINANCE 0-03.1432 - Approval of a Zoning Change from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage Sales on 2,17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road, Case Z-03-026 There was no action taken on this item. 20. CONSIDERATION OF ORDINANCE 0-03-1436 - Approval to place restrictions on the use and operation of motor assisted scooters by prohibiting the operation of motor assisted scooters on streets, highways, paths and alleys Councilman Ayers moved to remove this item from the table. Councilman Dolan seconded the motion, 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 to allow citizens to speak. Ms. Cindy Warner, 8103 Montpelier, spoke in opposition to the proposed Ordinance and regarding a government body restricting parenting rights, Ms. Janet Cameron, 4801 Jim Mitchell Trail West, spoke in opposition to the proposed Ordinance, and regarding riding at night, enforcing the proposed Ordinance, limiting scooters to neighborhood streets and a scooter permit. Ms. Paige Warner, 8103 Montpelier, spoke in opposition to the proposed Ordinance and regarding the safety of riding scooters. Mr, Randy Roush, 5508 Janet Lane, spoke in opposition to the proposed Ordinance and regarding the safety of riding the scooters, Mr. Steven Knight, 3917 Felps Court, representing the Traffic Safety Task Force, spoke in favor of the proposed Ordinance and regarding licensed and insured operators of scooters, 12 CITY COUNCIL MINUTES FEBRUARY 3, 2004 Ms. Bethany Kahle, 1605 Kingswood Lane, spoke in opposition to the proposed Ordinance and regarding the freedom to choose to ride the scooters in the streets, There were no others present wishing to speak and Mayor Hocutt closed the public hearing, Discussion ensued regarding permits to operate scooters in the streets, age restrictions, right of the parent and child to choose to operate scooters, freedom to ride scooters in City parks and speed limits. Police Chief John Young provided an overview of the proposed Ordinance and reasons for the restrictions in the ordinance and spoke regarding excessive speed in neighborhoods and the use of the scooters in City Parks and on jogging trails. Councilman Dolan moved to approve Ordinance 0-03-1436 Councilman Skinner seconded the motion. Discussion continued regarding the use of the scooters throughout the City, Councilman Skinner called the question. Ayes: Councilpersons Skinner, Dolan and Hendler Nays: Councilman Ayers and Mayor Pro Tem Tigue Mayor Hocutt declared the motion carried, Council requested that a draft ordinance related to the use and operation of motor assisted scooters in City Parks, be placed on the February 17, 2004, Council meeting agenda and provide a copy of the proposed ordinance to the Parks and Recreation Advisory Board and Traffic Safety Task Force for input. The meeting was recessed at 9:42 p.m, and reconvened at 9:56 p.m. 21. CONSIDERATION OF RESOLUTION R-03-22B3 - To override the Mayor's veto of Resolution R-03-2276, appointing members to the Planning and Zoning Commission There was no action taken on this item. 22. CONSIDERATION OF RESOLUTION R-03-22B4 appointments to the Planning and Zoning Commission Consideration of 13 CITY COUNCIL MINUTES FEBRUARY 3, 2004 23. CONSIDERATION OF RESOLUTION R-04-229B - Approval of a waiver of perimeter street improvement requirements for Lot 1, Block 1, LeGrand Estate located at 302 Bandit Trail, Case P-04-001 Councilman Ayers moved to remove this item from the table, 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 opened the public hearing to allow citizens to speak. Mr, William D. LeGrand, 300 West Bandit Trail, applicant, provided a history of the property and was present to answer questions of the Council. Mayor Hocutt closed the public hearing, Discussion ensued regarding past action of the Council regarding a waiver. Councilman Skinner moved to approve Resolution R-04-2298. Councilman Dolan seconded the motion, Ayes: Councilpersons Skinner, Dolan, Ayers and Mayor Pro Tem Tigue Nays: Councilman Hendler Mayor Hocutt declared the motion carried. REPORTS: 24. CITY MANAGER'S REPORT CONCERNING CITIZEN COMMENTS REGARDING THE PLANNING AND ZONING COMMISSION PRESENTED AT THE JANUARY 20, 2004, CITY COUNCIL MEETING Mr. Jim Moore, 1416 Glade Road, spoke regarding the Planning and Zoning Commission attendance record and apologized to Planning and Zoning Commission members, City Council members and staff for inaccurate statements, City Manager Bill Lindley provided an overview of a report concerning citizen comments regarding the Planning and Zoning Commission attendance record. 14 CITY COUNCIL MINUTES FEBRUARY 3, 2004 Discussion ensued regarding the monitoring of the Planning and Zoning Commission members. Council requested that staff provide an attendance record of the Planning and Zoning Commission members on a monthly basis. Council determined that the Council will meet February 11, 2004, at 4:00 p.m. prior to the Capital Improvement Program Worksession for the purpose of resolving the issue related to Planning and Zoning Commission positions. CITIZEN COMMENTS: 25. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak, ACTION/RESOLUTION: 26. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 3, 2004 _ Reading and Public Hearing - Resolution R-04-2314 This item was not needed, ADJOURNMENT: 27. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 11 :19 p.m. 15 CITY COUNCIL MINUTES FEBRUARY 3, 2004 APPROVED THIS /?~ DAY OF L~~ 2004, BY A VOTE OF .s- AYES, 0 NAYS AND 0 AB ENTIONS. 16