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HomeMy WebLinkAboutCity Council-Minutes-6/15/2004 c\ty Of 11~ ll~ Texa'=' AGENDA CITY COUNCIL MEETING 100 MAIN STREET JUNE 15, 2004 5:15 P.M. - PRE-COUNCIL AGENDA 5:35 P.M. - LIBRARY BOARD APPLICANT INTERVIEWS PC-1. Presentation of Monthly Financial Report PC-2. Discussion of June 15, 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 Pending Litigation - Broadland Limited Partnership, Plaintiff vs. Keith Dovers and Ramon Ortiz, Defendants Pending Litigation - Jo Ann Johns, Plaintiff vs. The City of Colleyville, Texas, and Utilities Incorporated d/b/a H & W Utility Contractors, A Texas Corporation, Defendants Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - INVOCATION: Environmental Conservation Organization ("ECO"), Montclair Pare Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending or Contemplated Litigation - CMPA/Justice Center Property Acquisition - Fire Station Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5209 Colleyville Boulevard 7:30 P.M. - RESUME REGULAR MEETING Neda Moayad of 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 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2389 - Consent Items: a. Approval of minutes of the regular City Council meeting of June 1, 2004 b. Approval of minutes of the City Council Worksession of May 19, 2004 c. Approval of minutes of the City Council Special meeting of May 24, 2004 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1463 - Approval of a Special Use Permit for a private horse stable on Lot 2, Block 1, Crook/Womeldorf Addition, located at 4808 Patterson Lane, Case Z-04-018 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1464 - Approval of a Zoning Change from AG Agricultural to CPO Professional Office on 0.849 acres located at 6200 Colleyville Boulevard, Case Z-04-019 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1465 - Approval of a Zoning Change from R40 Single Family Residential to CC2 Shopping Center Commercial on 10.1 acres located at the northeast corner of Precinct Line Road and Lavaca Trail, Case Z-04-020 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1466 - Amending Ordinance 0-01-1282 establishing a Library Board for the City of Colleyville to authorize alternate members to fill vacancies and to appoint ex officio members 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1467 - Approval of a Zoning Change from CC2 Shopping Center Commercial to PUD-R Planned Unit Development Residential on Lot 4R, Block 1, Centerpark Addition located south of Centerpark, east of Colleyville Boulevard, Case Z-04-01 0 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1468 - Approval to amend Ordinance 0-03-1436 to allow motor scooter usage in Colleyville City Park and Kimzey Park, on cul-de-sac streets without sidewalks and when accompanied by a parent 10. READING AND PUBLIC HEARING - Resolution R-04-2390 - Consideration of appointments of board and ex officio members to the Colleyville Library Board 11. READING AND PUBLIC HEARING - Resolution R-04-2391 - Approval of a waiver of perimeter street improvement requirements for 0.94 acres located at the northeast corner of Felps Drive and Cheek Sparger Road 12. READING AND PUBLIC HEARING - Resolution R-04-2392 - Approval of the 2004 Street Resurfacing - Phase II contract with Peachtree Construction for portions of Cheek Sparger Road and L.D. Lockett Road, in the amount of $69,647.08 13. READING AND PUBLIC HEARING - Resolution R-04-2393 - Approval of an Agreement between the City of Colleyville and the Tarrant Regional Transportation Coalition 14. READING AND PUBLIC HEARING - Resolution R-04-2394 - Approval of the reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall 15. READING AND PUBLIC HEARING - Resolution R-04-2395 - Consideration of appointments to the Colleyville Economic Development Corporation 16. READING AND PUBLIC HEARING - Resolution R-04-2396 - Consideration of appointments to the Ethics Commission 17. READING AND PUBLIC HEARING - Resolution R-04-2397 - Consideration of appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees 18. READING AND PUBLIC HEARING - Resolution R-04-2398 - Approval to implement the broadcasting of all City Council, Planning and Zoning Commission and Zoning Board of Adjustment meetings TABLED ITEM: 19. CONSIDERATION OF RESOLUTION R-04-2386 - Approval of a Construction Contract for Sneed Park property with Dean Construction, in the amount of $468,925.06 REPORTS: 20. PLANNING AND ZONING COMMISSION MINUTES - March 22, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - April 5, 2004 PLANNING AND ZONING COMMISSION MINUTES - April 12, 2004 PLANNING AND ZONING COMMISSION MINUTES - April 26, 2004 PLANNING AND ZONING COMMISSION MINUTES - May 10, 2004 CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 15, 2004 - Reading and Public Hearing - Resolution R-04-2399 ADJOURNMENT: 23. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 11, 2004, at 5:00 p.m. c~ngleton. TRMC City Secretary Any matter on this agenda may at the discretion of the governing body be opened for public comment and discussion. 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 JUNE 15, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on June 15, 2004, at 5: 17 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Public Works Director Keith Fisher, Parks and Recreation Director Monica Walsh, Assistant to the City Manager Stephen Siedel and City Secretary Cynthia Singleton were also present. PC-1. Presentation of Monthly Financial Report Finance Director Terry Leake provided information regarding sales tax revenue projections and delinquent tax collections. PC-2. Discussion of June 15, 2004 City Council regular agenda items There was general discussion related to agenda items 4 and 6. It was determined that Council would pass over item 11 at the request of the applicant. There being no further business, Mayor Hocutt declared the meeting adjourned at 5:55 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on June 15, 2004, at 6:55 p.m. CITY COUNCIL MINUTES ROLL CALL: JUNE 15, 2004 Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Police Chief John Young, Assistant to the City Manager Stephen Seidel, Circulation/Technical Services Librarian Matt Denton, 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 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Pending Litigation - Broadland Limited Partnership, Plaintiff vs. Keith Dovers and Ramon Ortiz, Defendants Pending Litigation - Jo Ann Johns, Plaintiff vs. The City of Colleyville, Texas, and Utilities Incorporated d/b/a H & W Utility Contractors, A Texas Corporation, Defendants Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization rECOil), Montclair Pare Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending or Contemplated Litigation - CMPAlJustice Center Property Acquisition - Fire Station Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5209 Colleyville Boulevard 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 7:02 p.m. and reconvened at 7:45 p.m. The invocation was given by Neda Moayad of Colleyville Baha'i Community and City Attorney Ross Foster led the Pledge of Allegiance. 2 CITY COUNCIL MINUTES JUNE 15,2004 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilman Hendler stated that our prayers are with the public servants in the City of Grapevine and the officer's family that was killed in an accident. He further stated that City Manager Bill Lindley offered City assistance to the City of Grapevine. Mayor Pro Tem Ayers invited everyone to attend the Independence Day Celebration on July 3, at Town Center, which will include a parade and car show. City Manager Bill Lindley announced that the Independence Day Celebration will also include Chuck wagon cooking and country performer Red Steagall. Mayor Hocutt announced and encouraged the public to attend the homecoming of military personnel returning from Kuwait on June 16, 2004, at 8 a.m. at DFW Airport, Terminal b, Gate 35. Mayor Hocutt invited citizens to participate in the Elect to Read program, June 7 - 24, 2004, at the Colleyville Public Library. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2389 - Consent Items: a. Approval of minutes of the regular City Council meeting of June 1, 2004 b. Approval of minutes of the City Council Worksession of May 19, 2004 c. Approval of minutes of the City Council Special meeting of May 24, 2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2389 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-04-2389. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 3 CITY COUNCIL MINUTES JUNE 15, 2004 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1463 - Approval of a Special Use Permit for a private horse stable on Lot 2, Block 1, Crook/Womeldorf Addition, located at 4808 Patterson Lane, Case Z-04-018 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1463. Mr. Lonnie La Barge, 4809 Bill Simmons Road, spoke in opposition to the proposed Ordinance and regarding the number of horses per acre and the location of the stable. Mr. Jim Carpenter, 2201 Glade Road, spoke in opposition to the proposed Ordinance and regarding health risks associated with horses and other livestock. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the rural atmosphere of Colleyville and the benefits of raising horses in Colleyville. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. David Womeldorf, 4108 Patterson Lane, applicant, was present to answer questions of the Council. Discussion ensued regarding the reason for requesting a Special Use Permit versus rezoning the property to R40, the rural atmosphere of the community, the benefits of owning livestock, the blend of the community, property rights of applicant, desires of surrounding neighbors and stipulations allowed by an SUP. Councilman Skinner moved to approve Resolution R-04-2389 with the amendment to require a minimum lot size of 2.4 acres, that the stable to be constructed be no closer to any of the surrounding residents than it is to the primary owner, that an electric fence be installed five feet from property lines and that the Special Use Permit expire upon sale of the property to any other person. Councilman Dolan seconded the motion. City Attorney Ross Foster stated in relationship to the Special Use Permit expiring upon the sale of the property; that is not a condition that can be required; you should try to structure conditions to accomplish that effect. Councilman Hart suggested expanding the size of the barn. Councilman Skinner amended the motion to include that no more than two horses will be allowed and the size of the barn not to exceed 600 square feet. 4 CITY COUNCIL MINUTES JUNE 15, 2004 Councilman Dolan made a friendly amendment that manure piles not exceed eighteen inches. Community Development Manager Barry LeBaron provided information related to the nuisance ordinance as it relates to the maintenance of horses. Councilman Skinner made a friendly amendment to include a land area description by the legal survey of this date and time and that manure piles not exceed six inches. Councilman Dolan accepted the friendly amendments. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: Councilman Hendler Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1464 _ Approval of a Zoning Change from AG Agricultural to CPO Professional Office on 0.849 acres located at 6200 Colleyville Boulevard, Case Z-04-019 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1464. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt read into record an email from Mr. Jeff Folks, 6200 Ponderosa regarding the barrier between the development and the homes in Pecan Park Estates and the location and enclosure of the dumpster. Discussion ensued regarding the controls allowed by Council with CPO zoning, dumpster screening and location and the buffer between the development and residential homes. Mr. Dusty Renfro, 301 Commerce Street, Fort Worth, Texas, applicant, was present to answer questions of the Council and committed to working with neighbors regarding the neighbor's requests and constructing an eight foot wall between the development and residential homes. Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1464. Councilman Hart seconded the motion. 5 CITY COUNCIL MINUTES JUNE 15, 2004 Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1465 - Approval of a Zoning Change from R40 Single Family Residential to CC2 Shopping Center Commercial on 10.1 acres located at the northeast corner of Precinct Line Road and Lavaca Trail, Case Z-04-020 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1465. Mr. Gregory Van Niewenhuize spoke regarding drainage concerns. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Ordinance 0-04-1465. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilman Dolan Mayor Hocutt declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1466 - Amending Ordinance 0-01-1282 establishing a Library Board for the City of Colleyville to authorize alternate members to fill vacancies and to appoint ex officio members Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1466. 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 proposed ordinance. Discussion ensued regarding the appointment process for alternates. 6 CITY COUNCIL MINUTES JUNE 15, 2004 Councilman Ayers moved to approve Ordinance 0-04-1466 with amendment to Sec. 2. Number of Board Members, Qualifications and Terms: In the event of the creation of a vacancy on the Board, Alternate 1 shall fill the unexpired term and Alternate 2 shall be appointed to serve as Alternate 1. Colleyville Public Library Board applications would be accepted to fill the Alternate 2 position. In the event of more than one vacancy on the Board, Alternate 1 and Alternate 2 shall fill the unexpired terms and Colleyville Public Library Board applications would be accepted to fill the Alternate 1 and Alternate 2 positions. In consideration of appointment of ex-officio members to the Board, the President of the Friends of the Colleyville Public Library and the President of the Colleyville Public Library Foundation shall be appointed to serve as ex-officio members of the Board, with the terms of the Presidents of the Friends of the Colleyville Public Library and the Colleyville Public Library Foundation being concurrent with their terms as President of each of the organizations. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1467 - Approval of a Zoning Change from CC2 Shopping Center Commercial to PUD-R Planned Unit Development Residential on Lot 4R, Block 1, Centerpark Addition located south of Centerpark, east of Colleyville Boulevard, Case Z-04-010 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1467. Mr. Steve Koons, 6054 Lakeway Mews, North Richland Hills, spoke in favor of the proposed ordinance. Mr. Phil Charon, 4604 Clairmont Court spoke in favor of the proposed ordinance. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance. Mr. Dan Geary, 4601 Clearwater Court, spoke in favor of the proposed ordinance. Mr. Larry Henry, 4104 Inwood Lane, representing Saddlebrook Homeowner's Association, spoke in favor of the proposed ordinance and regarding the protection of the green space and property maintenance. Mr. Jerry Brogdon, 4700 Lake Shore, spoke in favor of the proposed ordinance and regarding the density of the development. 7 CITY COUNCIL MINUTES JUNE 15,2004 There were no others 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 request. Discussion ensued regarding open space, f1oodway, flood plain, location of sidewalks and density. Mr. Dan Quento, 602 Northwood Trail, Southlake, representing the applicant, provided a presentation and was present to answer questions of the Council. Mr. Kent Robert, owner and founder of Cambridge Homes, provided an overview of patio homes and was present to answer questions of the Council. City Manager Bill Lindley spoke regarding the density of comparable developments. Discussion ensued regarding density, minimum lot size and potential future commercial development of the property. Council requested that the applicant provide modifications, regarding density, in a letter to staff. Mayor Hocutt stated for the record, "he will have to make quite a bit of adjustment on the density, even a different product in that area especially with the close proximity to Bransford Elementary. It may even be a different product, larger lots, fewer homes to where it would be convenient for children and more closely aligned with the R20 requirements". Mayor Hocutt recessed the meeting at 10:20 p.m. and reconvened at 10:33 p.m. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1468 - Approval to amend Ordinance 0-03-1436 to allow motor scooter usage in Colleyville City Park and Kimzey Park, on cul-de-sac streets without sidewalks and when accompanied by a parent Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1468. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance. 8 CITY COUNCIL MINUTES JUNE 15, 2004 Police Chief John Young provided information related to the ordinance. Councilman Dolan spoke regarding the use of electric scooters at City Park and Kimzey Park, on cul-de-sac streets without sidewalks and when accompanied by a parent. Discussion ensued regarding the enforcement of the proposed ordinance and further amendments to the proposed ordinance and the safety of those using the scooters. Parks and Recreation Director Monica Walsh provided information related to the recommendation of the Parks and Recreation Advisory Board regarding Ordinance 0- 03-1436. 10. READING AND PUBLIC HEARING - Resolution R-04-2390 - Consideration of appointments of board and ex officio members to the Colleyville Library Board Mayor Hocutt opened the public hearing and read Resolution R-04-2390 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt opened the floor for nominations for Place 2. Mayor Pro Tem Ayers nominated Karen Birkes. Councilman Skinner nominated Susan Potter. Mayor Hocutt nominated Mary Alice Rippe. There were no other nominations and Mayor Hocutt called for the vote. Karen Birkes: Susan Potter: Mary Alice Rippe: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Councilman Skinner Mayor Hocutt declared Karen Birkes appointed to Place 2. Mayor Hocutt opened the floor for nominations to Place 4. Councilman Hendler nominated Susan Potter. There were no other nominations and Mayor Hocutt declared Susan Potter appointed to Place 4 by acclamation. Mayor Hocutt opened the floor for nominations for Place 6. 9 CITY COUNCIL MINUTES JUNE 15, 2004 Councilman Ayers nominated Bonnie Carroll. Councilman Skinner nominated Carol Wollin. There were no other nominations and Mayor Hocutt called for the vote. Bonnie Carroll: Carol Wollin: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Councilman Skinner Mayor Hocutt declared Bonnie Carroll appointed to Place 6. Mayor Hocutt opened the floor for nominations for Place 7. Councilman Skinner nominated Carol Wollin. Councilman Dolan nominated Angie Madison-Guthrie. There were no other nominations and Mayor Hocutt called for the vote. Carol Wollin: Councilpersons Skinner, Hendler, Hart and Mayor Pro Tem Ayers Angie Madison-Guthrie: Councilperson Dolan Mayor Hocutt declared Carol Wollin appointed to Place 7. Mayor Hocutt opened the floor for nominations for Alternate 2. Councilman Hendler nominated Angie Madison-Guthrie. Councilman Skinner nominated Mary Alice Rippe. There were no other nominations and Mayor Hocutt called for the vote. Angie Madison-Guthrie: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Mary Alice Rippe: Councilman Skinner Mayor Hocutt declared Angie Madison-Guthrie appointed as Alternate 2. Mayor Hocutt opened the floor for nominations for ex officio members. Councilman Ayers nominated Steve Banta, Dr. Larry Darlage, Mayor Joe Hocutt, John Eubanks, Ret Stansberger and the President of the Colleyville Public Library Board and the President of the Colleyville Public Library Foundation as ex officio members. There were no other nominations. Councilman Dolan moved to approve Resolution R-04-2390. 10 CITY COUNCIL MINUTES JUNE 15, 2004 Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-04-2391 - Approval of a waiver of perimeter street improvement requirements for 0.94 acres located at the northeast corner of Felps Drive and Cheek Sparger Road Mayor Hocutt announced that the applicant requested that this item be removed from the agenda until further notice. 12. READING AND PUBLIC HEARING - Resolution R-04-2392 - Approval of the 2004 Street Resurfacing - Phase II contract with Peachtree Construction for portions of Cheek Sparger Road and LD. Lockett Road, in the amount of $69,647.08 Mayor Hocutt opened the public hearing and read Resolution R-04-2392 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-04-2392. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2393 - Approval of an Agreement between the City of Colleyville and the Tarrant Regional Transportation Coalition Mayor Hocutt opened the public hearing and read Resolution R-04-2393 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 11 CITY COUNCIL MINUTES JUNE 15, 2004 Councilman Dolan moved to approve Resolution R-04-2393 naming the Mayor Hocutt as designee and Councilman Hendler as co-designee. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-04-2394 - Approval of the reimbursement of legal fees for Mr. Earl Swift and Mr. Jeffrey Wall Mayor Hocutt opened the public hearing and read Resolution R-04-2394 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding a timeline for a response from the insurance carrier related to the reimbursement of legal fees, the role of the City Attorney for representing City volunteers, a process for assessing the need for legal counsel for volunteers and provisions for reimbursement of legal fees. Mayor Pro Tem Ayers Ayers moved to table Resolution R-04-2394. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-04-2395 - Consideration of appointments to the Colleyville Economic Development Corporation Mayor Hocutt opened the public hearing and read Resolution R-04-2395 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt opened the floor for nominations. 12 CITY COUNCIL MINUTES JUNE 15,2004 Councilman Dolan nominated Councilpersons Hendler, Dolan and Mayor Pro Tem Ayers. Councilman Skinner nominated Councilman Hart for one of the three positions. Mayor Hocutt stated he would open the floor for nominations for each position. Mayor Hocutt called for nominations for position 1. Councilman Skinner nominated Councilman Hart. Councilman Dolan nominated Mayor Pro Tem Ayers. There were no other nominations and Mayor Hocutt called for the vote. Mayor Pro T em Ayers: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Councilman Skinner Councilman Hart: Mayor Hocutt declared Mayor Pro Tem Ayers appointed to the Colleyville Economic Development Corporation. Mayor Hocutt opened the floor for nominations for position 2. Mayor Pro Tem Ayers nominated Councilman Hendler. There were no other nominations and Mayor Hocutt declared Councilman Hendler appointed to the Colleyville Economic Development Corporation. Mayor Hocutt opened the floor for nominations for position 3. Mayor Pro Tem Ayers nominated Elaine Dolan. Mayor Hocutt nominated Tom Hart. Mayor Hocutt called for the vote. Councilman Dolan: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Councilman Tom Hart: Mayor Hocutt declared Councilman Dolan appointed to the Colleyville Economic Development Corporation. City Manager Bill Lindley stated that the Colleyville Economic Development Corporation meets annually or on an as needed basis. 13 CITY COUNCIL MINUTES JUNE 15, 2004 Councilman Hendler moved to approve Resolution R-04-2395. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-04-2396 - Consideration of appointments to the Ethics Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2396 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt requested that Councilman Hendler submit a nomination for Place 3. Councilman Hendler nominated Steve Magee. Mayor Hocutt called for the vote. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared Steve Magee appointed to Place 3. Mayor Hocutt requested that Mayor Pro Tem Ayers submit a nomination for Place 4. Mayor Pro Tem Ayers nominated Linda Bond. Mayor Hocutt called for the vote. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared Linda Bond appointed to Place 4. Mayor Hocutt requested that Councilman Hart submit a nomination for Place 5. Councilman Hart nominated Smokey Vanover. Mayor Hocutt called for the vote. 14 CITY COUNCIL MINUTES JUNE 15, 2004 Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared Smokey Vanover appointed to Place 5. Councilman Dolan moved to approve Resolution R-04-2396. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-04-2397 - Consideration of appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees Mayor Hocutt opened the public hearing and read Resolution R-04-2397 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to add Teen Court Advisory Board to the proposed resolution. Mayor Hocutt declared the motion approved by acclamation. Council determined that they would serve as liaisons to the boards, commissions and committees as follows: Planning and Zoning Commission Zoning Board of Adjustments Parks and Recreation Advisory Board Colleyville Tree Board Library Board Traffic Safety Advisory Committee Historical Preservation Committee Capital Improvements Committee Colleyville Center Advisory Committee Celebrate Colleyville Steering Committee SH26 Advisory Committee Colleyville Sidewalk Committee Teen Court Advisory Board Tom Hart and Mark Skinner Tom Hart Tom Hart and Elaine Dolan Rich Hendler Jon Ayers Rich Hendler Jon Ayers Elaine Dolan Rich Hendler Jon Ayers Mark Skinner and Rich Hendler Elaine Dolan Rich Hendler 15 CITY COUNCIL MINUTES JUNE 15,2004 Mayor Pro Tem Ayers moved to approve Resolution R-04-2397. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 18. READING AND PUBLIC HEARING - Resolution R-04-2398 - Approval to implement the broadcasting of all City Council, Planning and Zoning Commission and Zoning Board of Adjustment meetings Mayor Hocutt opened the public hearing and read Resolution R-04-2398 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt requested that Sec. 1. of the proposed resolution include all worksessions and budgetary meetings. Discussion ensued regarding cost, funding and format of taping the meetings. Deputy City Manager Dianne McWethy provided information related to the cost of taping the meetings. Council requested that staff provide cost and funding options at the July 6, 2004, Council meeting. Councilman Dolan moved to table Resolution R-04-2398. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. TABLED ITEM: 19. CONSIDERATION OF RESOLUTION R-04-2386 - Approval of a Construction Contract for Sneed Park property with Dean Construction, in the amount of $468,925.06 16 CITY COUNCIL MINUTES JUNE 15, 2004 Councilman Dolan moved to remove Resolution R-04-2386 from the table. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Councilman Dolan moved to approve Resolution R-04-2386, with the amendment to remove alternate 3, a storage building and rebid the item. Parks and Recreation Director Monica Walsh provided information related to the cost of the storage building and the floor plan and use of the storage building. Councilman Dolan withdrew the amendment and moved to approve Resolution R-04- 2386. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. Council requested that staff provide cost estimates for the installation of air conditioning. REPORTS: 20. PLANNING AND ZONING COMMISSION MINUTES - March 22, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - April 5, 2004 PLANNING AND ZONING COMMISSION MINUTES - April 12, 2004 PLANNING AND ZONING COMMISSION MINUTES - April 26, 2004 PLANNING AND ZONING COMMISSION MINUTES - May 10, 2004 There was no action taken on this item. CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. 17 CITY COUNCIL MINUTES JUNE 15,2004 ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 15, 2004 - Reading and Public Hearing - Resolution R-04-2399 This item was not needed. ADJOURNMENT: 23. ADJOURNMENT There being no further business before the City Council, Councilman Hart moved to adjourn. Councilman Skinner seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 12:05 a.m. APPROVED THIS .5 AYES, (, ~ DAY OF -1;-~ 2004, BY A VOTE OF o NAYS AND 0 ABSTENTIONS. Mi~=o;;~ Cynthia Singleton, TRMC City Secretary 18