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HomeMy WebLinkAboutCity Council-Minutes-12/21/2004 city Of Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET DECEMBER 21, 2004 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM 5:50 P.M. - SH26 ADVISORY COMMITTEE AND PARKS AND RECREATION ADVISORY BOARD APPLICANT INTERVIEWS PC-1. Update of Economic Development Initiatives PC-2. Discussion of a Branding and Marketing Development Program PC-3. Presentation of Monthly Financial Report PC-4. Discussion of December 21,2004, 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. 551.072 - Sec. 551.072 - INVOCATION: Environmental Conservation Organization (liE CO"), 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 Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS Pastor Eric Vaughan, First Baptist 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 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2483 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 7, 2004 b. Approval of an Encroachment and Joint Use Agreement on Lot 18, Block 3, Brighton Oaks Addition, located at 3101 Hickory Hill Lane, Case G-04- 035 c. Approval of Contracts for Printing Services to JMAC Enterprise and Datamax PUBLIC HEARINGS: 4. SECOND 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 5. SECOND 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 6. SECOND 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 7. SECOND 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 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1498 - Approval of a Zoning Change from AG to R40 on Block 1, Lots 1 and 2, Cooper Addition located at 7300 John McCain Road, Case Z-04-039 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1499 - Approval of a City Developer Agreement with Broadland Limited Partnership for Whittier Heights Additions 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1500 - Approval of a City Developer Agreement with Old Grove Limited Partnership for Old Grove Additions 11. READING AND PUBLIC HEARING - Resolution R-04-2484 - Consideration of appointments to the SH26 Advisory Committee 12. READING AND PUBLIC HEARING - Resolution R-04-2485 - Consideration of appointments to the Parks and Recreation Advisory Board 13. READING AND PUBLIC HEARING - Resolution R-04-2486 - Consideration of appointments to the Tax Increment Financing District Board of Directors 14. READING AND PUBLIC HEARING - Resolution R-04-2487 - Appointing a Tax Increment Financing District Board of Directors' Chairman 15. READING AND PUBLIC HEARING - Resolution R-04-2488 - Approval of a Request by Congregation Beth Israel to move a portable building to property located at 6100 Pleasant Run Road, Case G-04-024 REPORTS: 16. COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - October 11, 2004 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE MINUTES - December 2, 2004 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE MINUTES - December 8, 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 21, 2004 - Reading and Public Hearing - Resolution R-04-2489 ADJOURNMENT: 19. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 17. 2004, at 5:00 p.m. ~~ Cyntk1'a Si~eton, 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 21, 2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on December 21,2004, at 5:19 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Tom Hart were present. Mayor Joe Hocutt, City Manager Bill Lindley, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Engineer Chad Bartee, Economic Development Manager Scott Welmaker, Financial Analyst Kacey Bess and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was absent. "..-... PC-1. Update of Economic Development Initiatives The meeting was adjourned prior to this item being discussed. PC-2. Discussion of a Branding and Marketing Development Program Economic Development Manager Scott Welmaker provided information regarding a Branding and Marketing Development Program and answered questions of the Council. There was general discussion regarding the design of a City logo. Council determined that a worksession would be held January 18, 2005 at 4:00 p.m. in the Executive Conference Room for the purpose of discussing the Branding and Marketing Development Program. PC-3. Presentation of Monthly Financial Report The meeting was adjourned prior to this item being discussed. A"'- CITY COUNCIL MINUTES DECEMBER 21,2004 PC-4. Discussion of December 21,2004, City Council regular agenda items Council determined that Item b of the Consent Resolution would be considered on Ending Resolution R-04-2489. Discussion ensued regarding notification of residents, drainage easement used as pedestrian path, maintenance of right-of-way, removal of trees and potential sale of the City property. Mayor Hocutt adjourned the meeting at 5:59 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on December 21, 2004, at 6:56 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, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Engineer Chad Bartee, Financial Analyst Kacey Bess, 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 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - _. Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant 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 Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard 2 CITY COUNCIL MINUTES DECEMBER 21,2004 - Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, 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 6:57 p.m. and reconvened at 7:32 p.m. The invocation was given by Associate Pastor Eric Vaughan of First Baptist 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 There were no announcements. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2483 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 7, 2004 - b. Approval of an Encroachment and Joint Use Agreement on Lot 18, Block 3, Brighton Oaks Addition, located at 3101 Hickory Hill Lane, Case G-04- 035 c. Approval of Contracts for Printing Services to JMAC Enterprise and Datamax Mayor Hocutt opened the public hearing and read Resolution R-04-2483 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-04-2483, with the amendment to move Item b to the ending resolution and that ending Resolution R-04-2489 be considered immediately after Item 3. 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 DECEMBER 21,2004 ,,- PUBLIC HEARINGS: 4. SECOND 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. Councilman Skinner moved to approve Ordinance 0-04-1494. Councilman Dolan 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 0-04-1495 - 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. Councilman Dolan moved to approve Ordinance 0-04-1495. Councilman Hart seconded the motion. 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 0-04-1496 - 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. 4 CITY COUNCIL MINUTES DECEMBER 21, 2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Ordinance 0-04-1496. 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 0-04-1497 - 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 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1497. - Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, expressed appreciation to staff for incorporating his suggestions into the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding reasons for the proposed temporary use permits for events less than 500 persons, the time period for numerous events and regarding the use of tents. Councilman Skinner moved to approve Ordinance 0-04-1497. Mayor Pro Tem Ayers seconded the motion with a friendly amendment to Section 5.5 to remove the following sentence: Only one permit for a Community Special Event shall be issued to the same civic or non-profit organization within a 180 day period. Councilman Skinner accepted the friendly amendment. Ayes: Councilpersons Skinner, Hart and Mayor Pro Tem Ayers Nays: Councilpersons Dolan and Hendler Mayor Hocutt declared the motion carried. - 5 CITY COUNCIL MINUTES DECEMBER 21, 2004 .- 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1498 - Approval of a Zoning Change from AG to R40 on Block 1, Lots 1 and 2, Cooper Addition located at 7300 John McCain Road, Case Z-04-039 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1498. Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, spoke in favor of the proposed ordinance and regarding the quality of homes built by Bailey Draper. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1499 - Approval of a City Developer Agreement with Broadland Limited Partnership for Whittier Heights Additions Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1499. - Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, spoke regarding the Westmont, Whittier Heights and Old Grove Developments and regarding the development and maintenance of the trails. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler stated that he would like to tour the City's hike and bike trails in northwest Colleyville. City Manager Bill Lindley spoke regarding the maintenance of trees along the trails. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1500 - Approval of a City Developer Agreement with Old Grove Limited Partnership for Old Grove Additions Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1500. Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, stated he would be pleased to tour the trails with Councilmembers. Ms. Linda Baker, 4900 Behrens Road, spoke regarding the condition of the trails and Mr. Bagwell's development of the trails. _. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 6 CITY COUNCIL MINUTES DECEMBER 21, 2004 11. READING AND PUBLIC HEARING - Resolution R-04-2484 - Consideration of appointments to the SH26 Advisory Committee Mayor Hocutt opened the public hearing and read Resolution R-04-2484 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor opened the floor for nominations for the first position. Mayor Hocutt expressed appreciation to the applicants for their willingness to serve. Mayor Hocutt nominated Joyce Hammill. There were no other nominations and Mayor Hocutt declared Joyce Hammill appointed to the SH26 Advisory Committee by acclamation. Mayor Hocutt opened the floor for nominations for the second position. Councilman Hendler nominated Butch Wallace. - There were no other nominations and Mayor Hocutt declared Butch Wallace appointed to the SH26 Advisory Committee by acclamation. Mayor Hocutt opened the floor for nominations for the third position. Councilman Dolan nominated Louis Miller. There were no other nominations and Mayor Hocutt declared Louis Miller appointed to the SH26 Advisory Committee by acclamation. Mayor Hocutt opened the floor for nominations for the fourth position. Mayor Pro Tem Ayers nominated Ronald Edington. There were no other nominations and Mayor Hocutt declared Ronald Edington appointed to the SH26 Advisory Committee by acclamation. Mayor Hocutt opened the floor for nominations for the fifth position. Councilman Skinner nominated Kipp Whitman. Councilman Dolan nominated Robert Potter. - There were no other nominations and Mayor Hocutt called for the vote. 7 CITY COUNCIL MINUTES DECEMBER 21, 2004 Kipp Whitman: Robert Potter: Councilman Skinner Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Mayor Hocutt declared Robert Potter appointed to the SH26 Advisory Committee. Mayor Hocutt opened the floor for nominations for the sixth position. Councilman Hart nominated Ernest Hedgcoth. Councilman Hendler nominated Martha Walker. There were no other nominations and Mayor Hocutt called for the vote. Ernest Hedgcoth: Martha Walker: Councilpersons Hart, Skinner and Mayor Pro Tem Ayers Councilpersons Hendler and Dolan Mayor Hocutt declared Ernest Hedgcoth appointed to the SH26 Advisory Committee. Councilman Hendler moved to approve Resolution R-04-2484, appointing Joyce Hammill, Butch Wallace, Louis Miller, Ronald Edington, Robert Potter and Ernest Hedgcoth appointed to the SH26 Advisory Committee. - 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. 12. READING AND PUBLIC HEARING - Resolution R-04-2485 - Consideration of appointments to the Parks and Recreation Advisory Board Mayor Hocutt opened the public hearing and read Resolution R-04-2485 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor opened the floor for nominations for the first position. Mayor Pro Tem Ayers moved to approve Resolution R-04-2485 appointing Vince Rosen and Jerry Birkes to the Parks and Recreation Advisory Board. Councilman Skinner seconded the motion. 8 CITY COUNCIL MINUTES DECEMBER 21,2004 Mayor Hocutt stated that Mr. Rosen will continue to serve in Place 3 and Mr. Birkes will serve in Place 1 and the other two positions whose terms have expired are being re- advertised. 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-04-2486 - Consideration of appointments to the Tax Increment Financing District Board of Directors Mayor Hocutt opened the public hearing and read Resolution R-04-2486 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 the first position. Councilman Skinner nominated Councilman Hendler. - There were no other nominations and Mayor Hocutt declared Councilman Hendler appointed to the Tax Increment Financing District Board of Directors by acclamation. Mayor Hocutt opened the floor for nominations for the second position. Councilman Hendler nominated Councilman Dolan. There were no other nominations and Mayor Hocutt declared Councilman Dolan appointed to the Tax Increment Financing District Board of Directors by acclamation. Mayor Hocutt opened the floor for nominations for the third position. Mayor Pro Tem Ayers nominated Councilman Hart. There were no other nominations and Mayor Hocutt declared Councilman Hart appointed to the Tax Increment Financing District Board of Directors by acclamation. Mayor Hocutt opened the floor for nominations for the fourth position. Councilman Dolan nominated Mayor Pro Tem Ayers. There were no other nominations and Mayor Hocutt declared Mayor Pro Tem Ayers appointed to the Tax Increment Financing District Board of Directors by acclamation. 9 CITY COUNCIL MINUTES DECEMBER 21, 2004 Mayor Hocutt opened the floor for nominations for the fifth position. Councilman Hart nominated Mayor Hocutt. Councilman Dolan nominated Richard Newton. Mayor Hocutt called for the vote. Joe Hocutt: Richard Newton: Councilpersons Skinner and Hart Councilpersons Dolan, Hendler and Mayor Pro Tem Ayers Mayor Hocutt declared Richard Newton appointed to the Tax Increment Financing District Board of Directors. Councilman Dolan moved to approve Resolution R-04-2486 appointing Rich Hendler, Elaine Dolan, Tom Hart, Jon Ayers and Richard Newton to the Tax Increment Financing District Board of Directors. Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-04-2487 - Appointing a Tax Increment Financing District Board of Directors' Chairman Mayor Hocutt opened the public hearing and read Resolution R-04-2487 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor opened the floor for nominations for Chairman of the Tax Increment Financing District Board of Directors. Mayor Pro Tem Ayers nominated Councilman Hendler. There were no other nominations and Mayor Hocutt declared Councilman Hendler Chairman of the Tax Increment Financing District Board of Directors by acclamation. Councilman Dolan moved to approve Resolution R-04-2487. _. Councilman Hart seconded the motion. 10 CITY COUNCIL MINUTES DECEMBER 21,2004 ,,,..~ 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-04-2488 - Approval of 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-04-2488 in its entirety. Mr. Wade Evans, 800 Shelton Drive, spoke in opposition to the proposed Resolution. Ms. Terri Workman, 6001 Hunter Lane, spoke regarding a landscape barrier between the portable building and residential property. Ms. Twyla Kerlee, 800 Shelton Drive, spoke in opposition to the proposed resolution and regarding the use of the portable buildings. Mr. James Day, 805 Shelton Drive, spoke in opposition to the proposed resolution. - Mr. AI Kramer, 2703 Cottonwood Lane, representing Congregation Beth Israel, spoke regarding the timetable for Phase I, landscaping, construction of a fence between the portable buildings and the residential area and answered questions of the Council. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the hours of operation and timetable for use of the portable buildings and landscaping. Mr. Wade Evans, 800 Shelton Drive, answered questions of the Council. Councilman Hart moved to deny Resolution R-04-2488. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hart and Mayor Pro Tem Ayers Nays: Councilman Hendler and Skinner Mayor Hocutt declared the motion carried. 11 CITY COUNCIL MINUTES DECEMBER 21, 2004 REPORTS: 16. COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - October 11,2004 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE MINUTES - December 2,2004 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE MINUTES - December 8,2004 There was no action taken on this item. 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 lots in Whittier Heights and the 2003 Building Code and requested that an expert in the international building code speak to Council regarding hand rails. ,.......... ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 21, 2004 - Reading and Public Hearing - Resolution R-04-2489 Item b, on Consent Resolution R-04-2483, "Approval of an Encroachment and Joint Use Agreement on Lot 18, block 3, Brighton Oaks Addition, located at 3101 Hickory Hill Lane" was moved to Ending Resolution R-04-2489. Mayor Hocutt opened the public hearing and read Resolution R-04-2489 in its entirety. Mr. Gerald Gallagher, 3024 Sherwood Lane, spoke regarding construction of a fence in the right-of-way, the drainage ditch used as a footpath, the removal of trees and shrubs and regarding residential notification of future requests. Ms. Theresa Fay, 2905 Hickory Hill Lane, spoke regarding the pedestrian path, the removal of shrubs and trees and in opposition to the proposed resolution. Ms. Debbie Liggett, 2909 Hickory Hill, spoke regarding the pedestrian trail. Ms. Julia White, 2904 Hickory Hill, spoke in opposition to the proposed resolution. Ms. Lisa Gallgher, 3024 Sherwood Lane, spoke regarding the pedestrian trail and in opposition to the proposed resolution. 12 CITY COUNCIL MINUTES DECEMBER 21,2004 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 request for the Encroachment and Joint Use Agreement. Discussion ensued regarding the removal of the trees and shrubs and drainage. Mayor Hocutt stated that Ms. Susie Grundy requested that it be stated for the record that she is opposed to Resolution R-04-2489 and that the City should not give away property. Discussion continued regarding the provisions for removal of trees in the right-of-way in the Land Development Code. City Attorney Ross Foster stated, "Barry may be looking at it from the perspective of what is required as opposed to what is prohibited. I don't think the Land Development Code goes into everything that is prohibited. This gets into different areas as far as the actual ownership of the property. I don't know on this particular property whether the City owns the right-of-way in fee or whether we simply have an easement and the adjacent property owners own to the middle of the roadway the underlying fee. There are different ways in which the City holds easements for rights-of-way. If the owner owns the fee underneath the right-of-way, which is on your property, as long as you are not doing something inconsistent with the City's right to use the property as right-of - way, then you have the continued right to manage or use your property in that fashion. That same thing would be true on this particular street if the individual owns the underlying fee to the middle of the roadway. I don't know whether they do or they don't. If they don't own the underlying fee, then they have no right to go upon that property and do anything, and that would also be true of any other property owner that doesn't have the right to go upon either property the City owns in fee or where someone else owns the underlying fee; they don't have the right to go upon that property and remove anything or do anything of that nature". Mayor Pro Tem Ayers moved to deny Resolution R-04-2489. 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 13 CITY COUNCIL MINUTES DECEMBER 21,2004 Councilman Hendler announced that Community Development Coordinator Clayton Husband has accepted a position in Burleson, Texas and commended Mr. Husband for a job well done. Councilman Hart expressed appreciation for Mr. Husband's service and stated he will be missed. Councilman Hart wished everyone a happy holiday. 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 9:17 p.m. APPROVED THIS ~~ DAY OF ~ 2005, BY 5 AYES, D NAYS AND 0 ABSTENTIONS. A VOTE OF 14