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HomeMy WebLinkAboutCity Council-Minutes-12/7/2004 city Of Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET DECEMBER 7, 2004 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM PC-1. Discussion and Instruction for the use of offsite e-mail PC-2. Update of Economic Development Initiatives PC-3. Discussion of a Branding and Marketing Development Program PC-4. Review of Bond Election Information PC-5. Discussion of December 7, 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. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec, 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.074- Sec. 551.087 - INVOCATION: Environmental Conservation Organization ("ECO"), Montclair Parc 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 Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Threatened Litigation - CMPA Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard City Attorney Compensation Personnel - City Manager's Performance Evaluation Deliberation Regarding Economic Development Negotiations 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS 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 PROCLAMATION - In recognition of a donation of teddy bears for the Police and Fire Department - Don and Kathryn Crowley PRESENTATION - Donation of $15,000 from the M.R. and Evelyn Hudson Foundation to the Colleyville Public Library by the Colleyville Public Library Foundation - Pat Jones PROCLAMATION - In recognition of service as Interim Police Chief - Lieutenant Rodney Cunningham CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2477 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 16, 2004 b. Approval of the minutes of the Joint City Council and SH26 Advisory Committee Worksession of November 15, 2004 c. Approval of the minutes of the City Council Worksession of November 10, 2004 d. Approval of a Preliminary Plat for Cambridge Place Addition, 9.2 acres located south of Centerpark, east of Colleyville Boulevard, Case P-04-040 e. Approval of setting a date for a public hearing to consider a request by Congregation Beth Israel to move a portable building to property located at 6100 Pleasant Run Road, Case G-04-024 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1490 - Approval to replace Ordinance 0-94-965, Chapter 94, Traffic and Vehicles, Maximum Prima Facie Speed Limit and School Safety Zones 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1491 - Approval to Repeal Ordinance 0-02-1382 and absolve the Ethics Commission 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1492 - Approval to Amend Ordinance 0-02-1372 relative to fees and reservations for the use of park athletic and recreation facilities 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1493 - Approval to amend Section 2 of Ordinance 0-04-1489 to authorize the expenditure of $45,000 for the printing of a Colleyville Historical Book 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1494 - Approval of a Special Use Permit for an accessory building located on Lot 1, Block 1, Wood Estate, located at 411 McDonwell School Road East, Case Z-04-037 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1495 - Approval for a Zoning Change from AG to CC1 on property located at 6401 and 6405 Colleyville Boulevard, Case Z-04-038 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1496 - Approval of Amendment to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations, Case G-04-026 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1497 - Approval of an Amendment to Chapter 3, Section 2.24.D of the Land Development Code regarding Temporary Use Permits for community special events, Case Z-04-036 12. READING AND PUBLIC HEARING - Resolution R-04-2478 - Approval of a waiver of perimeter street improvement requirements on Lot 2, Block 1, Maass Estates Addition, located at 4808 Bill Simmons Road, Case G-04-027 13. READING AND PUBLIC HEARING - Resolution R-04-2479 - Approval of a Settlement Agreement between the City of Colleyville, CMPA, Brinkley Sargent and Hartford Insurance Company with regard to the Justice Center and establishing conditions 14. READING AND PUBLIC HEARING - Resolution R-04-2480 - Amending Resolution R-04-2474, ordering a bond election, to modify the early voting dates 15. READING AND PUBLIC HEARING - Resolution R-04-2481 - Approval of soliciting Requests for Proposals for City Attorney services REPORTS: 16. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - August 23, 2004 CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 7,2004- Reading and Public Hearing - Resolution R-04-2482 ADJOURNMENT: 19. ADJOURNMENT I hereby certify the ab agenda was posted on the bulletin boards at City Hall on Friday, December 3, 2004, at 5:00 p.m. ~ia Singleton, 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 CITY COUNCIL MEETING DECEMBER 7, 2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on December 7,2004, at 5:20 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, Interim Police Chief Rodney Cunningham, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Director of Public Works Keith Fisher, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, Communications Manager Dixie Cawthorne, Microcomputer Technician Chris Pena and City Secretary Cynthia Singleton were also present. .- PC-1. Discussion and Instruction for the use of offsite e-mail Mr. Randy Purtell of Vital Resource Professionals provided instructions for the use of offsite e-mail and answered questions of the Council. Communications Manager Dixie Cawthorne introduced Chris Pena who will serve as the City's Microcomputer Technician. Council requested a copy of the City's e-mail policy. PC-2. Update of Economic Development Initiatives The meeting was adjourned prior to this item being discussed. PC-3. Discussion of a Branding and Marketing Development Program The meeting was adjourned prior to this item being discussed. -- CITY COUNCIL MINUTES DECEMBER 7, 2004 PC-4. Review of Bond Election Information City Manager Bill Lindley provided an overview of the proposed bond election information and methods of disseminating the information to the citizens. Council determined that a video of the bond election information would not be produced and requested that citizens have the ability to submit questions via the City's website. There was general discussion regarding the format of the information to be provided to the citizens. Proposed modifications will be presented to Council during the January 4, 2005, Pre Council meeting. PC-5. Discussion of December 7, 2004, City Council regular agenda items The meeting was adjourned prior to this item being discussed. Mayor Hocutt adjourned the meeting at 7:10p.m. -- The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on December 7,2004, at 7:11 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, Interim Police Chief Rodney Cunningham, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Parks and Recreation Director Monica Walsh, Economic Development Manager Scott Welmaker, Assistant to the City Manager Stephen Seidel, Microcomputer Technician Chris Pena, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - -- 2 CITY COUNCIL MINUTES ,- Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec, 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.074 - Sec. 551.087 - DECEMBER 7, 2004 Environmental Conservation Organization ("ECO"), Montclair Parc 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 Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Threatened Litigation - CMPA Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard City Attorney Compensation Personnel - City Manager's Performance Evaluation Deliberation Regarding Economic Development Negotiations 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, Section 551.072, Property and Section 551.074, Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:13 p.m. and reconvened at 8:01 p.m. - The invocation was given by Councilman Mark Skinner 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 Pro Tem Ayers complimented volunteers and staff for their work on the Celebrate Colleyville event. Councilman Hendler expressed gratitude to the Celebrate Colleyville Committee and volunteers for hosting the Celebrate Colleyville festivities in the Village at Colleyville and at Town Center. Mayor Hocutt expressed appreciation to the citizens for supporting and attending the event. Mayor Hocutt presented a Proclamation to Don and Kathryn Crowley in recognition of their donation of teddy bears to the Police and Fire Departments. ,- 3 CITY COUNCIL MINUTES DECEMBER 7, 2004 - Ms. Pat Jones, Chairman of the Colleyville Public Library Board and Director of the Colleyville Public Library Foundation presented a matching grant of $15,000 from the MR. and Evelyn Hudson Foundation, to Melissa Hassell, Colleyville Children's Librarian. Mayor Hocutt presented a Proclamation to Lieutenant Rodney Cunningham in recognition of 29 years of service and leadership in the Colleyville Police Department and for serving as Interim Police Chief. City Manager Bill Lindley expressed appreciation to Lieutenant Cunningham for his leadership and dedication as Interim Police Chief. City Manager Bill Lindley invited everyone to attend a reception to be held December 10, 2004, from 4:30 to 6:00 p.m., at the Colleyville Justice Center to welcome Police Chief Tommy Ingram. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2477 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 16, 2004 b. Approval of the minutes of the Joint City Council and SH26 Advisory Committee Worksession of November 15, 2004 c. Approval of the minutes of the City Council Worksession of November 10, 2004 d. Approval of a Preliminary Plat for Cambridge Place Addition, 9.2 acres located south of Centerpark, east of Colleyville Boulevard, Case P-04-040 e. Approval of setting a date for a public hearing to consider a request by Congregation Beth Israel to move a portable building to property located at 6100 Pleasant Run Road, Case G-04-024 Mayor Hocutt opened the public hearing and read Resolution R-04-2477 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan requested that Item lid" be removed and considered on ending Resolution R-04-2482. 4 CITY COUNCIL MINUTES DECEMBER 7, 2004 Mayor Pro Tem Ayers moved to approve Resolution R-04-2477, with the amendment to remove Item lid" and consider on the ending Resolution R-04-2482. Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1490 _ Approval to replace Ordinance 0-94-965, Chapter 94, Traffic and Vehicles, Maximum Prima Facie Speed Limit and School Safety Zones Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1490. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler moved to approve Ordinance 0-04-1490. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1491 _ Approval to Repeal Ordinance 0-02-1382 and absolve the Ethics Commission Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1491. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hart moved to approve Ordinance 0-04-1491. Councilman Skinner seconded the motion. "- Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 5 CITY COUNCIL MINUTES DECEMBER 7, 2004 Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1492 _ Approval to Amend Ordinance 0-02-1372 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1492. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the fees and policies associated with practice facilities for the youth sports associations. Parks and Recreation Director Monica Walsh provided information regarding the practice facility needs of the Colleyville Baseball Association and the Colleyville Girl's Softball Association, the City's practice fields, user fees and maintenance costs. Discussion ensued regarding the uniformity of the fees among the youth sports associations. - Mayor Pro Tem Ayers moved to approve Ordinance 0-04-1492, with the amendment to Section 2, Playing Fields, Ballfields: Practice Fields, Item 2a: The City does not charge a fee for practice baseball/softball fields for youth sports associations and residents. The fee for each practice field for non-residents shall be $50.00 without lights and $90.00 with lights. Each session shall be no longer than two hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1493 - Approval to amend Section 2 of Ordinance 0-04-1489 to authorize the expenditure of $45,000 for the printing of a Colleyville Historical Book Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1493. - There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 6 CITY COUNCIL MINUTES DECEMBER 7, 2004 Councilman Skinner moved to approve Ordinance 0-04-1493. 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 0-04-1494 - Approval of a Special Use Permit for an accessory building located on Lot 1, Block 1, Wood Estate, located at 411 McDonwell School Road East, Case Z-04-037 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1494. 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 change. Discussion ensued regarding the landscaping on the property and the use of the accessory building. Mr. Jerry Nanson, 411 McDonwell School Road, applicant, was present to answer questions of the Council. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1495 - Approval for a Zoning Change from AG to CC1 on property located at 6401 and 6405 Colleyville Boulevard, Case Z-04-038 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1495. 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 change. Discussion ensued regarding parking, future development of the property and cross access easements. - 7 CITY COUNCIL MINUTES DECEMBER 7, 2004 ~- 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1496 - Approval of Amendment to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations, Case G-04-026 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1496. 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 amendment. Discussion ensued regarding the criteria for mass gatherings, filing fees and security provisions. Council requested that Sec. 22-176 Definitions., Mass Gathering include ".. .can be expected to attract 500 persons or more at anyone time and ..." - 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1497 - Approval of an Amendment to Chapter 3, Section 2.24.0 of the Land Development Code regarding Temporary Use Permits for community special events, Case Z-04-036 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1497. 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 amendment. Discussion ensued regarding the guidelines for community events and tent regulations. Community Development Manager Barry LeBaron stated that the tent provision was removed from the Land Development Code and is included in the Fire Code. Council requested that staff define a tent structure. 12. READING AND PUBLIC HEARING - Resolution R-04-2478 - Approval of a waiver of perimeter street improvement requirements on Lot 2, Block 1, Maass Estates Addition, located at 4808 Bill Simmons Road, Case G-04-027 - Mayor Hocutt opened the public hearing and read Resolution R-04-2478 in its entirety. 8 CITY COUNCIL MINUTES DECEMBER 7, 2004 - There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Ms. Holland O'Neil, 3421 Lookout Court, applicant, spoke regarding the request for a waiver of the perimeter street improvements requirements and was present to answer questions of the Council. Mayor Pro Tem Ayers moved to approve Resolution R-04-2478, with the amendment to reduce the perimeter street fee by 35%, which results in a fee of $20,235.97. Councilman Hart seconded the motion. Community Development Coordinator Clayton Husband provided an overview of the street perimeter fee process. Discussion ensued regarding previous requests for waivers of the perimeter street fees. Councilman Skinner asked City Attorney Ross Foster if the City can legally bind the property owner to provide the right of way. .- City Attorney Ross Foster stated that "only if they grant the right of way at this time; at this point, we don't know what it is supposed to be". Councilman Skinner asked City Attorney Ross Foster if the City can legally bind them to obligation of an easement at this time without specific size requirements. City Attorney Ross Foster stated, "In order to have an easement, you would have to know the size of the easement or the future size of the right of way and it would have to be granted at this time, not a promise to grant in the future". Ayes: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2479 - Approval of a Settlement Agreement between the City of Colleyville, CMPA, Brinkley Sargent and Hartford Insurance Company with regard to the Justice Center and establishing conditions Mayor Hocutt opened the public hearing and read Resolution R-04-2479 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 9 CITY COUNCIL MINUTES DECEMBER 7,2004 .- Mayor Pro Tem Ayers moved to approve Resolution R-04-2479. Councilman Skinner seconded the motion. City Manager Bill Lindley outlined the details of the Compromise and Settlement Agreement. Ayes: Councilpersons Skinner, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilperson Dolan Mayor Hocutt declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-04-2480 - Amending Resolution R-04-2474, ordering a bond election, to modify the early voting dates Mayor Hocutt opened the public hearing and Councilman Hendler, Mayor Pro Tem Ayers and Mayor Hocutt read Resolution R-04-2480 in its entirety. Mr. Jim Moore, 1415 Glade Road, spoke regarding the wording of Proposition 6 and the entryway to the City. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley provided information regarding the early voting dates and official state holidays. Councilman Skinner moved to approve Resolution R-04-2480. Councilman Hendler 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-04-2481 - Approval of soliciting Requests for Proposals for City Attorney services Mayor Hocutt opened the public hearing and read Resolution R-04-2481 in its entirety. - There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 10 CITY COUNCIL MINUTES DECEMBER 7, 2004 .- Discussion ensued regarding the reasons for soliciting Requests for Proposals (RFP) for City Attorney services. Mayor Pro Tem Ayers moved to approve Resolution R-04-2481. Councilman Hart seconded the motion. Discussion ensued regarding the criteria for the RFP. City Manager Bill Lindley stated that an RFP for City Attorney services would be placed on the January 4, 2005, City Council agenda. Councilman Hendler requested that the RFP be presented for Council's consideration on the January 18, 2005, City Council agenda. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. - REPORTS: 16. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - August 23, 2004 CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, spoke regarding the proposed City Developer Agreement for Whittier Heights and the development and maintenance of the trail. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 7, 2004 - Reading and Public Hearing - Resolution R-04-2482 Item lid" of the Consent Resolution is being considered on Resolution R-04-2482. Mayor Hocutt opened the public hearing and read Resolution R-04-2482 in its entirety. 11 CITY COUNCIL MINUTES DECEMBER 7, 2004 - There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding construction plans, open space and drainage areas. Mayor Pro Tem Ayers moved to approve Resolution R-04-2482. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. ADJOURNMENT: 19. ADJOURNMENT There being no further business before the City Council, Councilman Hart moved to adjourn. - Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 10:32 p.m. APPROVED THIS oZI.sL" DAY OF ~uan~2004, BY A VOTE OF ~ AYES, 0 NAYS AND 0 ABSTENTIONS. .- 12