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HomeMy WebLinkAboutCity Council-Minutes-4/20/2004 CUy of Ie TexaS AGENDA CITY COUNCIL MEETING 100 MAIN STREET APRIL 20, 2004 5:15 P.M. - PRE-COUNCIL AGENDA 6:30 P.M. - CELEBRATE COLLEYVILLE STEERING COMMITTEE APPLICANT INTERVIEWS PC-1. Discussion of possible football facility sites PC-2. Discussion of 2004 Council Retreat format PC-3. Presentation of the Monthly Financial Report PC-4. Presentation of the Quarterly Investment Report PC-5. Discussion of potential refunding of 1994 Waterworks and Sewer System revenue bonds PC-6. Discussion of April 20, 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 D Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition - Fire Station Property Acquisition Sec. 551,071 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Pastor David Jung, Crown of Life Lutheran Church 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 Trauma Awareness and Emergency Medical Service Week - Fire Chief Mike Johnston CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2357 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 6, 2004 b. Approval of a donation of an antique T&P Railroad baggage cart from Bobby and Frances Fitzgerald for Bransford Park c. Approval of a donation of various railroad items from Vernon Colbert for Bransford Park PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1457 - Approval of a Special Use Permit for alcoholic beverage sales on 1.97 acres located in the 5400 block of State Highway 121, Case Z -04-014 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1458 - Approval of a Zoning Change from CC2 to PUD-C on 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road, Case Z-04- 011 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1459 - Approval of a Zoning Change from R40 to R20 on portions of proposed Lots 2R and 3, Block 1, Redus Addition, located at 4502 Bill Simmons Road and 4505 Bowman Drive, Case Z-04-015 7. READING AND PUBLIC HEARING - Resolution R-04-2358 - Consideration of amending the terms of the Celebrate Colleyville Steering Committee and appointing members 8. READING AND PUBLIC HEARING - Resolution R-04-2359 - Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a public school, Case Z-04-014 9. READING AND PUBLIC HEARING - Resolution R-04-2360 - Approval of a request by the Grapevine-Colleyville Independent School District to move two portable buildings to the Colleyville Elementary School campus located at 5800 Colleyville Boulevard, Case G-04-01 0 10. READING AND PUBLIC HEARING - Resolution R-04-2361 - Approval of Newman, Jackson, Bieberstein Landscape Architecture Proposal for evaluation of Grapevine-Colleyville Independent School District (GCISD) property and authorizing the use of Voluntary Park Fund monies, in an amount not to exceed $5,700 11. READING AND PUBLIC HEARING - Resolution R-04-2362 - Approval of a Construction Contract with McMahon Contracting L.P., for John McCain Road and Westcoat Drive Intersection Improvements, in the amount of $226,297.50 12. READING AND PUBLIC HEARING - Resolution R-04-2363 - Approval to authorize implementation of the Public Utilities Commission authorized CPI increase of telecommunication line access charges 13. READING AND PUBLIC HEARING - Resolution R-04-2364 - To override the Mayor's veto of Resolution R-04-2355, appointing members to the Planning and Zoning Commission 14. READING AND PUBLIC HEARING - Resolution R-04-2365 - Consideration of appointments to the Planning and Zoning Commission TABLED ITEMS: 15. CONSIDERATION OF 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 16. CONSIDERATION OF RESOLUTION R-04-2353 - Declaring Planning and Zoning Commission position 6 vacant due to Council removal REPORTS: 17. PARKS AND RECREATION ADVISORY BOARD MINUTES - March 1,2004 ETHICS COMMISSION MINUTES - March 4, 2004 CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 20, 2004 - Reading and Public Hearing - Resolution R-04-2366 ADJOURNMENT: 20. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, April 16, 2004, at 5: 0 p.m. . 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 COLLEVILLLE CITY COUNCIL MEETING APRIL 20, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on April 20, 2004, at 5:20 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan and Rich Hendler 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, Communications Manager Dixie Cawthorne, Assistant to the City Manager Stephen Siedel and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ginny Tigue arrived at 5:28 p.m. Councilman Jon Ayers arrived at 6:30 p.m. PC-1. Discussion of possible football facility sites City Manager Bill Lindley provided information regarding a potential partnership between the Grapevine-Colleyville Independent School District (GCISD) and the City for developing practice football facility sites. Discussion ensued regarding locations and cost of developing the sites. Public Works Director Keith Fisher provided an overview of possible options for practice facilities and cost estimates. Parks and Recreation Director Monica Walsh provided information related to lighting and maintenance of the sites. Council requested that City Manager Bill Lindley schedule a meeting with GCISD staff regarding an Interlocal Agreement for use of the Colleyville Heritage High School for football practice. .._....._.._._._._____._.'._.____._.______........_A___~_..__._.'_ ___.._...,_____.._.~.._____"..._._..~_._____._... CITY COUNCIL MINUTES APRIL 20, 2004 Council requested that this item be placed on the May 4, 2004 Council agenda for further discussion. PC-2. Discussion of 2004 Council Retreat format It was determined that the Council Retreat would be held June 10 at 5:30 p.m. and June 11, 2004, at noon in the Executive Conference Room at City Hall. City Manager Bill Lindley stated that these dates would be forwarded to the candidates and this item would be placed on the May 4, 2004 agenda to allow for further discussion. PC-3. Presentation of the Monthly Financial Report The meeting was adjourned prior to this item being discussed. PC-4. Presentation of the Quarterly Investment Report The meeting was adjourned prior to this item being discussed. PC-5. Discussion of potential refunding of 1994 Waterworks and Sewer System revenue bonds City Manager Bill Lindley provided an overview of the refunding process and financial information. Finance Director Terry Leake was present to answer questions of the Council. Council requested that an ordinance approving the issuance of refunding bonds be placed on the May 4, 2004, Council agenda and that information be included citing state law and Resolution R-02-2055, which permits the issuance of refunding debt with only one reading of an ordinance. PC-6. Discussion of April 20, 2004 City Council regular agenda items There was general discussion regarding the request by the applicant to table Item 5. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:49 p.m. 2 CITY COUNCIL MINUTES APRI L 20, 2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on April 20, 2004, at 7:05 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Public Works Director Keith Fisher, Community Development Coordinator Clayton Husband, Communications Manager Dixie Cawthorne, Assistant to the City Manager Stephen Seidel, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Property Acquisition - Fire Station Property Acquisition Sec. 551.071 - Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter 0, 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 7:06 p.m. and reconvened at 7:41 p.m. The invocation was given by Pastor David Jung of Crown of Life Lutheran Church 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 announced that technology is available to citizens in the Council Chambers, which allows them to access the internet with their personal computers during the Council meeting. Mayor Hocutt presented a proclamation to Fire Chief Mike Johnston in recognition of Trauma Awareness and Emergency Medical Service week. 3 CITY COUNCIL MINUTES APRIL 20, 2004 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2357 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 6, 2004 b. Approval of a donation of an antique T&P Railroad baggage cart from Bobby and Frances Fitzgerald for Bransford Park c. Approval of a donation of various railroad items from Vernon Colbert for Bransford Park Mayor Hocutt opened the public hearing and read Resolution R-04-2357 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler stated Council received a list of proposed donated items today and that the Donation and Title Transfer form was not completed for this donation. City Manager Bill Lindley provided information related to the Citywide Donation Policy. Councilman Ayers moved to approve Resolution R-04-2357. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1457 - Approval of a Special Use Permit for alcoholic beverage sales on 1.97 acres located in the 5400 block of State Highway 121, Case Z-04-014 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1457. 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 0-04-1457. Councilman Dolan seconded the motion. 4 CITY COUNCIL MINUTES APRIL 20, 2004 Mr. Johnny Ragland, 2004 Bedford, applicant, was present to answer questions of the Council and provided information regarding the restaurant hours and entertainment. 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 0-04-1458 - Approval of a Zoning Change from CC2 to PUD-C on 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road, Case Z-04- 011 Mayor Hocutt stated that the applicant requested that this item be tabled and outlined the various actions available to Council. Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1458. Mr. Peter Streit, 7000 Gladwyne Court, spoke in opposition to the proposed Ordinance. Ms. Janice Cole, 103 Van Buren Court, spoke in opposition to the proposed Ordinance. and regarding the gateway to the City and the economic viability of gasoline stations. Mr. Kipp Whitman, 3930 Glade Road, spoke in opposition to the proposed Ordinance and presented a short slide presentation. Mr. Keith Staudt, 7208 Belle Meade, Pebble Hill Homeowner's Association President, spoke in opposition to the proposed Ordinance and regarding environmental hazards associated with the proposed business, the aesthetics, traffic flow and sales tax revenue. Ms. Dee McNosky, 5108 Pleasant Run, spoke in opposition to the proposed Ordinance and regarding building standards for businesses on SH26. Mr. Gregory Van Nieuwenhoize, 3930 Glade Road, spoke in opposition to the proposed Ordinance and regarding the ServiceStar facility and underground utilities. Mr. Norman Rice, 7205 Braemar Terrace, representing Cascades Development residents, spoke in opposition to the proposed Ordinance and regarding traffic flow. Ms. Kristen O'Regan, 404 Vintage Court, spoke in opposition to the proposed Ordinance and regarding desirable businesses at the entrance to the City. 5 CITY COUNCIL MINUTES APRIL 20,2004 Mr. Jim Berk, 7301 Thames Trail, spoke in opposition to the proposed Ordinance and the economic viability of gasoline stores and the sales and marketing of tires. Mr. Royce Green, 7205 Belle Meade, spoke in opposition to the proposed Ordinance and regarding the aesthetics of the proposed business. Mr. Stuart Mocilnikar, 7309 Pebble Hill Drive, spoke in opposition to the proposed Ordinance. Ms. Dana Feldman, 2204 Danbury Drive, spoke in opposition to the proposed Ordinance and regarding past actions as a Council person. Mr. AI Silverberg, 7204 Thames Trail, spoke in opposition to the proposed Ordinance and regarding traffic flow on John McCain Road, the marketing of the property pad sites and the view of the proposed development from surrounding residential developments. Mr. Kevin Wall, 7209 Thames Trail, spoke in opposition to the proposed Ordinance and regarding the applicant contacting homeowners and maintaining the standards of the community. Mr. David Dudziak, 2301 Wilkes court, spoke regarding the applicant's effort to contact members of the Ross Downs' Homeowner Association and the future development of the City. Ms. Lisa Kenney, 7300 Balmoral, spoke in opposition to the proposed Ordinance. Mr. Jim Berk, 7301 Thames Trail, spoke regarding the process for developing a project in the City. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Dan Poremba, applicant, was present to answer questions of the Council and spoke regarding the request for the item to be tabled, the history and future of the project, homeowner association contacts and the tenants and appearance of the project. There was general discussion regarding the tenants and the appearance of the project. Mayor Pro Tem Tigue moved to deny Ordinance 0-04-1458. Councilman Skinner seconded the motion. Councilman Ayers provided a history of the process of the zoning request, the options available to Council for considering the zoning request and recommended denying without prejudice. 6 CITY COUNCIL MINUTES APRIL 20, 2004 Mayor Pro Tern Tigue declined changing the motion. Discussion ensued regarding allowing the applicant to resubmit the zoning request. Mayor Pro Tern Tigue called the question. Ayes: Councilperson Skinner and Mayor Pro Tern Tigue Nays: Councilpersons Dolan, Hendler and Ayers Mayor Hocutt declared the motion denied. Councilman Ayers moved to deny Ordinance 0-04-1458 without prejudice. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilperson Skinner and Mayor Pro Tern Tigue Mayor Hocutt declared the motion denied without prejudice. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1459 - Approval of a Zoning Change from R40 to R20 on portions of proposed Lots 2R and 3, Block 1, Redus Addition, located at 4502 Bill Simmons Road and 4505 Bowman Drive, Case Z-04-015 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1459. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tern Tigue moved to approve Ordinance 0-04-1459. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-04-2358 - Consideration of amending the terms of the Celebrate Colleyville Steering Committee and appointing members 7 CITY COUNCIL MINUTES APRI L 20, 2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2358 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-04-2358 appointing Jamie Thibodeaux and Michael Taylor to the Celebrate Colleyville Steering Committee. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-04-2359 - Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a public school, Case Z-04-014 Mayor Hocutt opened the public hearing and read Resolution R-04-2359 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-04-2359. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-04-2360 - Approval of a request by the Grapevine-Colleyville Independent School District to move two portable buildings to the Colleyville Elementary School campus located at 5800 Colleyville Boulevard, Case G-04-01 0 Mayor Hocutt opened the public hearing and read Resolution R-04-2360 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 8 CITY COUNCIL MINUTES APRIL 20,2004 Mayor Pro Tem Tigue moved to approve Resolution R-04-2360. 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-04-2361 - Approval of Newman, Jackson, Bieberstein Landscape Architecture Proposal for evaluation of Grapevine-Colleyville Independent School District (GCISD) property and authorizing the use of Voluntary Park Fund monies, in an amount not to exceed $5,700 Mayor Hocutt opened the public hearing and read Resolution R-04-2361 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Council determined that no action would be taken on this item until further evaluation of potential sites for use by sports associations. 11. READING AND PUBLIC HEARING - Resolution R-04-2362 - Approval of a Construction Contract with McMahon Contracting L.P., for John McCain Road and Westcoat Drive Intersection Improvements, in the amount of $226,297.50 Mayor Hocutt opened the public hearing and read Resolution R-04-2362 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-04-2362. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 9 CITY COUNCIL MINUTES APRIL 20, 2004 12. READING AND PUBLIC HEARING - Resolution R-04-2363 - Approval to authorize implementation of the Public Utilities Commission authorized CPI increase of telecommunication line access charges Mayor Hocutt opened the public hearing and read Resolution R-04-2363 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Deputy City Manager Dianne McWethy provided an overview of the telecommunication line access charges. Mayor Pro Tem Tigue moved to approve Resolution R-04-2363. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2364 - To override the Mayor's veto of Resolution R-04-2355, appointing members to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2364 in its entirety. Ms. Kathy Hadley, 204 N. Timberline, spoke in support of Resolution R-04-2364. Mr. Jim Berk, 2301 Thames Trail, spoke regarding the process for developers to obtain zoning. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution and in support of the Mayor. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-04-2364. Councilman Dolan seconded the motion. 10 CITY COUNCIL MINUTES APRIL 20, 2004 Ayes: Councilpersom; Dolan, Hendler and Ayers Nays: Councilperson Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion denied. Four ayes are necessary to override a veto. 14. READING AND PUBLIC HEARING - Resolution R-04-2365 - Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2365 in its entirety. Mr. Joe Tigue, 4415 Meandering Way, spoke regarding tabling the item and reopening the application process. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt stated that only one applicant submitted the Financial Disclosure and Business Conflict of Interest Forms. Discussion ensued regarding the requirement of Planning and Zoning Commission members to complete the Financial Disclosure and Business Conflict of Interest forms. Mayor Pro Tem Tigue moved to table Resolution R-04-2365. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner and Mayor Pro Tem Tigue Nays: Councilpersons Dolan, Hendler and Ayers Councilman Ayers moved to appoint David Dudziak to Place 5, Tom Hart to Place 6 and Luann Edwards to Place 7 of the Planning and Zoning Commission. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilperson Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion carried. 11 CITY COUNCIL MINUTES APRIL 20, 2004 TABLED ITEMS: 15. CONSIDERATION OF 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 Mayor Pro Tem Tigue moved to remove Ordinance 0-04-1442 from the table. Councilman Ayers 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 and read the caption of Ordinance 0-04-1442. Mr. Beverly Chernoff, 5810 Ponderosa, spoke in opposition to the proposed Ordinance and regarding the emergency access to the development, traffic flow on SH26 in front of the development and the elementary school and open space. Mr. Curtis Young, 8003 Jefferson Circle, spoke in opposition to the proposed Ordinance and regarding the lot size and open space. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Gary Cantrell, 3400 Glade Road, applicant, provided an overview of the development and was present to answer questions. Councilman Ayers moved to suspend rules to allow citizens to speak. Councilman Skinner seconded the motion. Ayes: Councilpersons, Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed Ordinance and regarding lot size. 12 CITY COUNCIL MINUTES APRIL 20, 2004 Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1442 with the following amendments: Sec. 2., 7. Sidewalks and Trails b. Walkways, located in a front or side yard, which connect to a public sidewalk shall be constructed with an exposed aggregate surface; 8. Screening a. The developer shall construct a six (6) foot tall masonry fence along the southern property line. The fence shall be constructed prior to the issuance of building permits in the subdivision. The homeowner's association shall maintain the fence. b. The developer shall construct a six (6) foot tall wrought iron fence along the western property line. 9. Other a. Decorative pavers shall be used at the crosswalk located at the entrance of the development. b. All mailboxes shall be masonry construction. Councilman Skinner made a friendly amendment that the developer shall submit a landscape plan for the open space areas for consideration and approval of the City Council and seconded the motion. Mayor Hocutt made a friendly amendment that the developer shall install decorative street lights and street signage, which shall be maintained by the homeowner's association of the development. Mayor Pro Tem Tigue and Councilman Skinner accepted the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Ayers and Mayor Pro Tem Tigue Nays: Councilman Hendler Mayor Hocutt declared the motion carried. 16. CONSIDERATION OF RESOLUTION R-04-2353 - Declaring Planning and Zoning Commission position 6 vacant due to Council removal There was no action on this item. REPORTS: 17. PARKS AND RECREATION ADVISORY BOARD MINUTES - March 1,2004 ETHICS COMMISSION MINUTES - March 4, 2004 CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 13 CITY COUNCIL MINUTES APRI L 20, 2004 Mr. Jeffrey Wall, 7900 Jefferson Circle, spoke regarding the ethics complaint process and the impact of the process on volunteers, the actions and support of City staff to the Planning and Zoning Commission, the Ethics Ordinance and legal and financial support for volunteers. ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 20, 2004 - Reading and Public Hearing - Resolution R-04-2366 This item was not needed. ADJOURNMENT: 20. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 11 :24 p. m. APPROVED THIS ..5 AYES, .y~ DAY OF o NAYS AND ~~ 2004, BY A VOTE OF o ABSTENTIONS. ~ 14