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HomeMy WebLinkAboutCity Council-Minutes-2/17/2004 city Of N~ AGENDA CITY COUNCIL MEETING 100 MAIN STREET FEBRUARY 17, 2004 4:00 P.M. - PRE-COUNCIL AGENDA 6:30 P.M. - COLLEYVILLE CENTER ADVISORY COMMITTEE APPLICANT INTERVIEW PC-1. Discussion of Buxton Group Consulting Firm to prepare the demographic analysis to assist in developing an Economic Development Plan PC-2. Discussion of draft Economic Development Work Plan PC-3. Discussion of Board, Commission and Committee Appreciation Event PC-4. Discussion and Review of Cost Estimates for the old City Hall for Senior Citizen Programs PC-5. Discussion of City Council date in March 2004 PC-6. Presentation of the Monthly Financial Report - January 2004 PC-7. Discussion of the Quarterly Investment Report PC-B. Discussion of Citywide Donation Policy PC-9. Discussion of the February 17. 2004, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D See, 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Jo Ann John's lawsuit Proposed Sale of Property - 5201 Bransford Road Property Acquisitions Sec. 551,071 - Sec. 551.072 - Sec. 551,072 - 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Bob Ellis, Colleyville Baha'i 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 Stephanie Cohen for outstanding achievements and leadership in "Kids Making A Difference" PRESENTATION - Donation of $65,000 to the Colleyville Public Library from the Colleyville Public Library Foundation CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2315 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 3, 2004 b, Approval of the minutes of the Joint City Council and SH26 Advisory Committee Worksession of January 28, 2004 c, Approval of a donation of $200 for a tree from the Colleyville Garden Club d. Approval of a donation of $1,100 from the Colleyville Lions Club to the Colleyville Public Library for the purchase of sight-related materials PUBLIC HEARINGS: 4. SECOND 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 5. SECOND 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 6. SECOND 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 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1444 - Approval of a Zoning Change from R20 to PUD-C on Lot 1, Block 2, Thompson Terrace Addition, located at 5001 Thompson Terrace, Case Z-04-007 B. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1445 - Approval of a Zoning Change from AG to PUD-C on 1,9 acres located at the southwest corner of Colleyville Boulevard and Church Street, Case Z-04-004 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1446 - Approval of amending Ordinance 0-89-719, establishing a Parks and Recreation Advisory Board and amending the By Laws 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1447 - Approval of amending Chapter 7 of the Colleyville Code, Section 7, Use of and Conduct in Public Parks, A. Trespassing in Public Parks, (1) Operation of Motor Vehicles of Ordinance 0-93-906 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1448 - Approval of a City Developer Agreement with Realty Capital Corporation 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1449 - Approval of an amendment to Chapter 18 - Buildings and Building Regulations of the Code of Ordinances to establish for vacant commercial buildings, Case G-03-016 13. READING AND PUBLIC HEARING - Resolution R-04-2316 - Consideration of appointment to the Colleyville Tree Board 14. READING AND PUBLIC HEARING - Resolution R-04-2317 - Consideration of appointments to the Colleyville Center Advisory Committee 15. READING AND PUBLIC HEARING - Resolution R-04-2318 - Consideration of appointment of Grapevine-Colleyville Independent School District President John Eubanks as an Ex Officio member to the SH26 Advisory Committee 16. READING AND PUBLIC HEARING - Resolution R-04-2319 - Approval of a waiver of perimeter street improvement requirements for 0.997 acres located at 1204 John McCain Road, Case P-03-038 17. READING AND PUBLIC HEARING - Resolution R-04-2320 - Approval of the Vulnerability Assessment Contract with Teague, Nail and Perkins, Inc., in the amount of $34,800 1B. READING AND PUBLIC HEARING - Resolution R-04-2321 - Approval of the 2004 Street Resurfacing Contract with Peachtree Construction, in the amount of $243,843.95 19. READING AND PUBLIC HEARING - Resolution R-04-2322 - Declaring Planning and Zoning Commission positions 5 and 7 vacant due to excessive absenteeism 20. READING AND PUBLIC HEARING - Resolution R-04-2323 - Approval to request the Federal Communications Commission (FCC) to investigate and levy the maximum fines and sanctions for the half time performance for Super Bowl XXXVIII and directing a copy of this Resolution be provided to the FCC and Federal Elected Officials TABLED ITEMS: 21. 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 McDonwel1 School Road, Case Z-03-026 22. 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 23. CONSIDERATION OF RESOLUTION R-03-22B4 - Consideration of appointments to the Planning and Zoning Commission REPORTS: 24. PARKS AND RECREATION ADVISORY MINUTES - January 5,2004 LIBRARY BOARD MINUTES - December 8, 2003 LIBRARY BOARD MINUTES - January 12, 2004 HISTORICAL PRESERVATION COMMITTEE MINUTES - January 13, 2004 CITIZEN COMMENTS: 25. CITIZEN COMMENTSIPRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 26. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 17, 2004- Reading and Public Hearing - Resolution R-04-2324 ADJOURNMENT: 27. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, February 13, 2004, at 5:00 p.m. 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 817.503.1133, and reasonable accommodations will be made to assist you, MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING FEBRUARY 17, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on February 17, 2004, at 5:22 p.m. ROLL CALL: Councilpersons 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. Councilman Mark Skinner was absent. PC-1. Discussion of Buxton Group Consulting Firm to prepare the demographic analysis to assist in developing an Economic Development Plan Mr. Joseph Fackel of The Buxton Company presented the Community ID proposal for the City. Discussion ensued regarding the timeline for receiving the assessment and the application of the information provided by The Buxton Company. PC-2. Discussion of draft Economic Development Work Plan City Manager Bill Lindley spoke regarding the implementation of the Economic Development Work Plan and provided an update of the process for hiring an Economic Development Manager. Council requested a Quarterly Economic Development Report. PC-3. Discussion of Board, Commission and Committee Appreciation Event There was no discussion regarding this item. CITY COUNCIL MEETING FEBRUARY 17, 2004 PC-4. Discussion and Review of Cost Estimates for the old City Hall for Senior Citizen Programs Recreation Specialist Lisa Adan provided an overview of the cost estimates and floor plan for renovating the old City Hall for a Senior Citizen Center. Discussion ensued regarding the long term needs of the Seniors, the cost of renovating the old City Hall, the cost of constructing a new facility and the cost of relocating to an existing building. Council requested that staff schedule a tour of Senior Centers of surrounding cities and invite senior citizens to attend. Ms, Connie Hampton spoke regarding the location of a Senior Center and the frequency of providing lunches for the Seniors, PC-5. Discussion of City Council date in March 2004 Council determined that the March City Council meeting dates would remain as scheduled. PC-6. Presentation of the Monthly Financial Report - January 2004 There was no discussion of this item. PC-7. Discussion of the Quarterly Investment Report There was no discussion of this item. PC-B. Discussion of Citywide Donation Policy There was no discussion of this item. PC-9. Discussion of the February 17, 2004, City Council regular agenda items There was no discussion of this item. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:40 p,m, 2 CITY COUNCIL MEETING FEBRUARY 17,2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on February 17, 2004, at 6:52 p.m. ROLL CALL: Councilpersons 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, Communications Manager Dixie Cawthorne, Assistant to the City Manager Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Councilman Mark Skinner was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D See, 551,071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Jo Ann John's lawsuit Proposed Sale of Property - 5201 Bransford Road Property Acquisitions Sec. 551,071 - See, 551.072 - Sec. 551.072 - 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. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:53 p.m. and reconvened at 7:50 p.m. The invocation was given by Mr. Bob Ellis of Colleyville Baha'i Community 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 3 CITY COUNCIL MEETING FEBRUARY 17, 2004 Mayor Hocutt presented a Proclamation to Stephanie Cohen in recognition of outstanding achievements and leadership in "Kids Making A Difference". Mayor Pro Tem Tigue presented a donation of $65,000 to the Colleyville Public Library, which included $10,000 from the Robert J. and Helen H. Glaser Family Foundation and $55,000 in donations from the citizens of Colleyville. Mayor Pro Tem Tigue expressed appreciation to everyone who has made a donation and announced that a plaque is being designed, which will include the names of individuals who made a donation, CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2315 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 3, 2004 b. Approval of the minutes of the Joint City Council and SH26 Advisory Committee Worksession of January 28, 2004 c, Approval of a donation of $200 for a tree from the Colleyville Garden Club d, Approval of a donation of $1,100 from the Colleyville Lions Club to the Colleyville Public Library for the purchase of sight-related materials Mayor Hocutt opened the public hearing and read Resolution R-04-2315 in its entirety, There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt recognized Lion's Club members John Paul Burnett, Tom Westerman, Joe Deupree, Smokey Vanover and Bob Steen and expressed appreciation for the monetary donation, Mayor Pro Tem Tigue moved to approve Resolution R-04-2315. Councilman Dolan seconded the motion, Ayes: Councilpersons Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 4 CITY COUNCIL MEETING FEBRUARY 17, 2004 PUBLIC HEARINGS: 4. SECOND 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. Mr. Tom Miller, 1407 Oak Knoll, applicant, was present to answer questions of the Council. Community Development Manager Barry LeBaron provided an overview of regulations in the proposed Ordinance. Discussion ensued regarding the future development of the property, Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1441, Councilman Ayers seconded the motion. Discussion ensued regarding drainage, accessibility of fire trucks and ambulances and development of sidewalks and open space, City Manager Bill Lindley stated that drainage issues will be addressed after receipt of the developer's Engineering Report. Council suspended the rules to allow citizens to speak. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed Ordinance and regarding the occupancy of the condominiums and traffic flow. Discussion ensued regarding the current and future value of the property, Ayes: Councilperson Ayers and Mayor Pro Tem Tigue Nays: Councilpersons Dolan and Hendler Mayor Hocutt voted Aye and declared the motion carried. 5. SECOND 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 MEETING FEBRUARY 17, 2004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1442. Ms Janice Cole, 5850 Colleyville Boulevard, spoke in opposition to the proposed Ordinance and regarding an alternate location for Colleyville Elementary. Mr. Pat Davis, 104 Van Buren Court, spoke in opposition to the proposed Ordinance. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, Discussion ensued regarding the lot size, density, roof pitch, potential for commercial use of the property and proximity of Colleyville Elementary to the development. Mr, Gary Cantrell, developer, was present to answer questions of the Council. Mr, Cantrell proposed that he would contribute $2,500 a year to the maintenance of athletic fields or until the development is 50% occupied and subsequently, the Homeowner's Association would assume responsibility. Discussion ensued regarding an Interlocal Agreement between the developer, school district and city for the purpose of the use and maintenance of the athletic fields, open space and the traffic flow around Colleyville Elementary School and Colleyville Middle School and future location of Colleyville Elementary. Councilman Hendler moved to table Ordinance 0-04-1442. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 6. SECOND 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. Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1443. Councilman Ayers seconded the motion. 6 CITY COUNCIL MEETING FEBRUARY 17, 2004 Ayes: Councilpersons Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried, 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1444 - Approval of a Zoning Change from R20 to PUD-C on Lot 1, Block 2, Thompson Terrace Addition, located at 5001 Thompson Terrace, Case Z-04-007 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1444. 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 zoning. B. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1445 - Approval of a Zoning Change from AG to PUD-C on 1,9 acres located at the southwest corner of Colleyville Boulevard and Church Street, Case Z-04-004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1445. 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 zoning. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1446 - Approval of amending Ordinance 0-89-719, establishing a Parks and Recreation Advisory Board and amending the By Laws Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1446, There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, 7 CITY COUNCIL MEETING FEBRUARY 17, 2004 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1447 - Approval of amending Chapter 7 of the Colleyville Code, Section 7, Use of and Conduct in Public Parks, A. Trespassing in Public Parks, (1) Operation of Motor Vehicles of Ordinance 0-93-906 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1447. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1448 - Approval of a City-Developer Agreement with Realty Capital Corporation Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1448. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, City Manager Bill Lindley stated that the City Developer Agreement would provide for cost participation for improvements to McDonwell School Road at the intersection with Precinct Line Road and Curtis Road. Mr. Tom Wouters, 32 Village Lane, applicant, was present to answer questions of the Council. Discussion ensued regarding the development of McDonwell School Road, Precinct Line Road and Curtis Road and traffic flow and impact. Discussion ensued regarding the development of the Cotton belt Trail along Precinct Line Road. 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1449 - Approval of an amendment to Chapter 18 - Buildings and Building Regulations of the Code of Ordinances to establish for vacant commercial buildings, Case G-03-016 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1449, There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, 8 CITY COUNCIL MEETING FEBRUARY 17, 2004 Mayor Pro Tem Tigue requested that in Section 18-345 Windows and Doors, delete: Items (d), (e) and (f); and Section 18-345, Notice of Violation, change: (a) The property owner, or his agent, shall be served with a written notice which states the violation and require compliance with this code within thirty (30) days ......; and Section 18-315. Registration of Vacant Buildings, delete the following in (b): An annual fee of one hundred dollars ($100.00) shall be paid annually for each year following the original registration date unless the building is occupied prior to that date. Mayor Hocutt requested that Section. 18-320 General Maintenance Requirement (b) read: All signs on the structure or property shall be kept in working order or removed entirely. Mayor Pro Tem Tigue requested that staff provide information from the City of Hurst regarding the success of enforcing building regulations. 13. READING AND PUBLIC HEARING - Resolution R-04-2316 - Consideration of appointment to the Colleyville Tree Board Mayor Hocutt opened the public hearing and read Resolution R-04-2316 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-04-2316. Councilman Ayers seconded the motion. Ayes: Councilpersons Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-04-2317 - Consideration of appointments to the Colleyville Center Advisory Committee Mayor Hocutt opened the public hearing and read Resolution R-04-2317 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro T em Tigue moved to approve Resolution R-04-2317 and requested that staff contact the Rotary Club regarding a Rotary Club representative to serve on the Colleyville Center Advisory Committee. 9 CITY COUNCIL MEETING FEBRUARY 17, 2004 Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried, 15. READING AND PUBLIC HEARING - Resolution R-04-2318 - Consideration of appointment of Grapevine-Colleyville Independent School District President John Eubanks as an Ex Officio member to the SH26 Advisory Committee Mayor Hocutt opened the public hearing and read Resolution R-04-2318 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-04-2318. Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried, 16. READING AND PUBLIC HEARING - Resolution R-04-2319 - Approval of a waiver of perimeter street improvement requirements for 0.997 acres located at 1204 John McCain Road, Case P-03-038 Mayor Hocutt opened the public hearing and read Resolution R-04-2319 in its entirety. Mr. Ryan O'Keefe, 1300 John McCain Road, spoke in opposition to the proposed Resolution, There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, Mr. Keith Allen, 1204 John McCain Road, applicant, was present to answer questions of the Council. Discussion ensued regarding the formula for establishing the impact fees, 10 CITY COUNCIL MEETING FEBRUARY 17, 2004 Councilman Ayers moved to approve Resolution R-04-2319, with the amendment that Section 1 read as follows: That the perimeter street improvement requirements for 0,97 acres, located at 1204 John McCain Road, as shown in Exhibit "A" are hereby waived, in the amount of $11 ,034.07. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried, 17. READING AND PUBLIC HEARING - Resolution R-04-2320 - Approval of the Vulnerability Assessment Contract with Teague, Nail and Perkins, Inc., in the amount of $34,800 Mayor Hocutt opened the public hearing and read Resolution R-04-2320 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-04-2320. Councilman Ayers seconded the motion. Ayes: Councilpersons, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 1B. READING AND PUBLIC HEARING - Resolution R-04-2321 - Approval of the 2004 Street Resurfacing Contract with Peachtree Construction, in the amount of $243,843.95 Mayor Hocutt opened the public hearing and read Resolution R-04-2321 in its entirety, There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Public Works Director Keith Fisher stated that an assessment and ranking of City streets resulted in the list of streets for resurfacing, 11 CITY COUNCIL MEETING FEBRUARY 17, 2004 City Manager Bill Lindley expressed appreciation to Commissioner Whitley with Tarrant County for partnering with the City for street repair. Councilman Hendler stated that he resides on one of the streets slated for repair and the value of his home may improve as a result of the street repair; therefore, he abstained from voting. Councilman Ayers moved to approve Resolution R-04-2321. Mayor Pro Tem Tigue seconded the motion. Ayes: Nays: Abstention: Councilpersons Dolan, Ayers and Mayor Pro Tem Tigue None Councilman Hendler Mayor Hocutt declared the motion carried, 19. READING AND PUBLIC HEARING - Resolution R-04-2322 - Declaring Planning and Zoning Commission positions 5 and 7 vacant due to excessive absenteeism Mayor Hocutt opened the public hearing and read Resolution R-04-2322 in its entirety. Mr, Jeffrey Wall, 7900 Jefferson Circle, spoke regarding the attendance records of the Planning and Zoning Commission members and regarding the service of Mr. Culley and Mr. Sellers and the effectiveness of the entire Planning and Zoning Commission. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing, Mayor Hocutt stated that Mr, Bud Sellers and Mr. Bob Culley submitted their resignation effective February 17, 2004, and both gentlemen stated they would continue to serve on the Planning and Zoning Commission as the Council so chooses. City Attorney Ross Foster stated, "There is a Texas Constitutional provIsion that basically says that an officeholder shall continue in office until their successor is appointed and qualified. I have not done the research necessary to determine whether there is a difference in the application of that constitutional provision where a person has resigned versus a person that has been removed by the body that appointed them. There may be a difference in how that constitutional provision is applied depending upon the status of the member, whether they were removed or whether they resigned." 12 CITY COUNCIL MEETING FEBRUARY 17, 2004 Discussion ensued regarding the stalemate related to the Planning and Zoning Commission appointments. Councilman Ayers moved to approve Resolution R-04-2322. Councilman Dolan seconded the motion. Mayor Hocutt requested clarification, from the City Attorney, regarding the term "elected year" as stated in the Charter. City Attorney Ross Foster stated that the Charter refers to 75% during the elected year, and that refers to all of the meetings during the first year of their appointment, so unless six meetings were missed, the Commissioner would still be able to serve and not be in violation of the Charter. City Manager Bill Lindley provided an overview of the attendance record of Mr, Bob Culley and Mr. Bud Sellers, Ayes: Council persons Dolan, Hendler and Ayers Nays: Mayor Pro Tem Tigue Mayor Hocutt declared the motion carried. 20. READING AND PUBLIC HEARING - Resolution R-04-2323 - Approval to request the Federal Communications Commission (FCC) to investigate and levy the maximum fines and sanctions for the half time performance for Super Bowl XXXVIII and directing a copy of this Resolution be provided to the FCC and Federal Elected Officials Mayor Hocutt opened the public hearing and read Resolution R-04-2323 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-04-2323. Mayor Pro Tem Tigue seconded the motion, Ayes: Councilpersons Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 13 CITY COUNCIL MEETING FEBRUARY 17, 2004 TABLED ITEMS: 21. 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. 22. 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 Councilman Ayers moved to remove Resolution R-03-2283 from the table. Councilman Dolan seconded the motion. Ayes: Council persons Hendler, Ayers and Dolan Nays: Mayor Pro Tem Tigue Mayor Hocutt opened the public hearing to allow citizens to speak. Mr. Joe Tigue spoke in opposition to the proposed Resolution and in support of the Mayor's veto. Mayor Hocutt read a letter from Mr. Rich Munson which stated opposition to the proposed Resolution. Councilman Ayers spoke regarding the need to fill the vacant positions on the Planning and Zoning Commission, the Charter provisions for appointing members to the Planning and Zoning Commission and the need for a Charter review. Councilman Ayers moved to approve Resolution R-03-2283, Councilman Dolan seconded the motion, Ayes: Council persons Dolan, Hendler and Ayers Nays: Mayor Pro T em Tigue Mayor Hocutt declared the motion carried. 23. CONSIDERATION OF RESOLUTION R-03-22B4 - Consideration of appointments to the Planning and Zoning Commission 14 CITY COUNCIL MEETING FEBRUARY 17, 2004 Councilman Ayers moved to remove Resolution R-03-2284 from the table. Councilman Dolan seconded the motion, Ayes: Councilpersons Ayers, Dolan and Hendler Nays: Mayor Pro Tem Tigue Mayor Hocutt opened the public hearing Mr. Joe Tigue, 4415 Meandering Way, spoke regarding a compromise to resolve the issue. Councilman Ayers made a procedural motion to divide the question into separate questions and take a vote on Place 5, Place 6 and Place 7, Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Mayor Pro Tem Tigue Mayor Hocutt opened the floor for nominations for Place 5. Councilman Hendler nominated David Dudziak. There were no other nominations and Mayor Hocutt called for the vote. Ayes: Council persons Hendler, Ayers and Dolan Nays: Mayor Pro T em Tigue Mayor Hocutt declared David Dudziak appointed to Place 5 on Resolution R-03-2284. Mayor Hocutt opened the floor for nominations for Place 6. Councilman Dolan nominated Tom Hart, Mayor Pro Tem Tigue nominated Mark Jones. There were no other nominations and Mayor Hocutt called for the vote, Tom Hart: Councilpersons Hendler, Ayers and Dolan Mark Jones: Mayor Pro Tem Tigue Councilman Dolan moved to approve Resolution R-03-2284B, Councilman Hendler seconded the motion. 15 CITY COUNCIL MEETING FEBRUARY 17, 2004 Ayes: Council persons Hendler, Ayers and Dolan Nays: Mayor Pro Tem Tigue Mayor Hocutt declared Tom Hart appointed to Place 6 on Resolution R-03-2284B. Mayor Hocutt called for nominations for Place 7. Councilman Ayers nominated Luann Edwards. Mayor Pro Tem Tigue nominated Michael Brady. There were no other nominations and Mayor Hocutt called for the vote. Luann Edwards: Michael Brady: Council persons Ayers, Dolan and Hendler Mayor Pro Tem Tigue Councilman Ayers moved to approve Resolution R-03-2284C. Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Mayor Pro Tem Tigue Mayor Hocutt declared Luann Edwards appointed to Place 7 on Resolution R-03- 2284C, REPORTS: 24. PARKS AND RECREATION ADVISORY BOARD MINUTES - January 5, 2004 LIBRARY BOARD MINUTES - December 8, 2003 LIBRARY BOARD MINUTES - January 12, 2004 HISTORICAL PRESERVATION COMMITTEE MINUTES - January 13, 2004 There was no action taken on this item. CITIZEN COMMENTS: 25. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. 16 CITY COUNCIL MEETING FEBRUARY 17, 2004 ACTION/RESOLUTION: 26. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 17, 2004- Reading and Public Hearing - Resolution R-04-2324 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 Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 11 :07 p.m, APPROVED THIS 4 ~ DAY OF AaA.-eJ) 2004, BY A VOTE OF .s AYES, 0 NAYS AND ABSTENTIONS. Minutes taken and prepared by: ~~~ Cynthia Singleton, TRMC City Secretary 17 --_..__._------_....__._--_._~---_..-----------._--_.,-------...,.---------..,...----.--". -.--