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HomeMy WebLinkAboutCity Council-Minutes-10/21/2003 City of ~ A_ Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD OCTOBER 21, 2003 5:15 P.M. - PRE-COUNCIL AGENDA 6:25 P.M. - TRAFFIC SAFETY TASK FORCE APPLICANT INTERVIEWS PC-1. Discussion of an amendment to Chapter 7 - Sign Regulations of the Colleyville Land Development Code, Case G-03-01 0 ,.-,. PC-2. Discussion of the October 21 2003, 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 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Reverend Lee Johnson, Bear Valley Community Church PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney ..-,. P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 - 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUE - In recognition of service on the Zoning Board of Adjustment - Ron Sturgeon PLAQUE - In recognition of service on the Metroport Teen Court Advisory Board - Deanne Ayers PROCLAMATION - In recognition of the Colleyville Fire and Parks and Recreation Department's staff for providing exemplary service in assisting with the delivery of a filly, Laser Tag, owned by Linda and Trip Baker PRESENTATION - Friends of the Colleyville Public Library President Carol Wollin and officers will present a donation of $15,000 for software and story hour program equipment for the Colleyville Public Library to Library Director Mary Rodne PRESENTATION - Friends of the Colleyville Public Library President Carol Wollin and Officers from 1992 will present a donation of $16,999.75 for audio visual equipment for the Colleyville Public Library to Library Board Liaison Ginny Tigue .~ CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2241 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 7, 2003 b. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of September 24,2003 c. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 1,2003 d. Approval of minutes of the City Council Worksession of October 4, 2003 ....-,.. - e. Approval of the FY2004 Agency Agreements including the Arts Council of Northeast Tarrant County, Alliance for Children, Women's Haven, Colleyville Heritage High School (CHHS), Grapevine High School (GHS), Keller High School (KHS), Metroport Meals on Wheels (MMOW), Colleyville Area Chamber of Commerce, Tarrant County Youth Recovery Campus, Colleyville Proud, Grapevine Relief and Community Exchange (GRACE) and the Women's Shelter f. Approval of the amendment to the Employment Agreement between the City of Colleyville and the City Manager g. Approval of Professional Turf Products Buy Board Quote for a Toro Groundsmaster 4500 D mower, in the amount of $39,999 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1416 - Approval of a Zoning Change from AG to PUD-C on 4.307 acres located at 6521 Colleyville Boulevard, Case Z-03-015 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1424 - Approval of a Zoning Change from CC2 to PUD-R on 7.160 acres located in the 4300 block of Brown Trail on the west side of the street, Case Z-03-018 ,~ 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1425 - Approval of a Zoning Change from R20 to RE on 10.943 acres located at the north end of Cedar Court and Jo Will Court, Case Z-02-021 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1426 - Approval of a Zoning Change from R40 and R20 to R30 on 9.56 acres located at 2113 Glade Road and 4800 Bill Simmons Road, Case Z-03-023 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1427 - Approval of City Developer Agreement with Westgate Villas, Ltd., for Rosewood Villas 9. READING AND PUBLIC HEARING - Resolution R-03-2242 - To override the Mayor's veto of Resolution R-03-2228, appointing members to the Planning and Zoning Commission ......,.. ......... 10. READING AND PUBLIC HEARING - Resolution R-03-2243 - To override the Mayor's veto of Resolution R-03-2230, appointing members to the Colleyville Economic Development Corporation Board of Directors 11. READING AND PUBLIC HEARING - Resolution R-03-2244 - Consideration of appointments to the Planning and Zoning Commission 12. READING AND PUBLIC HEARING - Resolution R-03-2245 - Consideration of appointments to the Colleyville Economic Development Corporation Board of Directors 13. READING AND PUBLIC HEARING - Resolution R-03-2246 - Consideration of appointments to the Traffic Safety Task Force 14. READING AND PUBLIC HEARING - Resolution R-03-2247 - Approval of a Final Plat of Parker Place (formerly Old Grove), 45.459 acres located west of the Westmont Addition, southwest of John McCain Road, Case P-03-019 ,---r 15. READING AND PUBLIC HEARING - Resolution R-03-2248 - Approval of a lease agreement with ImageNet Office Solutions for a digital copier TABLED ITEM: 16. CONSIDERATION OF ORDINANCE 0-03-1413 - Approval of granting to Comcast Cable of Texas II, Inc., (formerly AT&T Broadband) a cable television franchise for constructing, maintaining, operating and providing cable television service in the City of Colleyville STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT 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 OCTOBER 21, 2003 - Reading and Public Hearing - Resolution R-03-2249 ADJOURNMENT: 20. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, October 17, 2003, at 5:00 p.m. ~~~n.~r/~ City Secretary If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.577.7575, and reasonable accommodations will be made to assist you. - - MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING OCTOBER 21, 2003 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on October 21,2003, at 5:15 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, and Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Public Works Director Keith Fisher, Community Development Director Barry LeBaron, Community Development Manager Clayton Husband, Parks and Recreation Director Monica Walsh, CirculationlTechnical Services Librarian Matt Denton, Financial Analyst Collin Boothe, Assistant to the City Manager Cindy Martin and City Secretary Cynthia Singleton were also present. Mayor Pro Tern Ginny Tigue arrived at 5:20 p.m. ,............ City Manager Bill Lindley announced that Developer Charles Hodges and Lifetime Fitness representatives are moving forward on an anticipated closing by the first week of November. The City is currently pre-certifying completed construction developments related to the project. Consequently, a letter, previously distributed to Council, which outlines the payment process for reimbursing Lifetime Fitness the Tax Increment Financing funds, for items completed to date by the developer, is being provided to Council. Mr. Lindley announced this is a time for celebration and commended Councilmembers and staff for bringing this to fruition. PC-1. Discussion of an amendment to Chapter 7 - Sign Regulations of the Colleyville Land Development Code, Case G-03-01 0 Community Development Director Barry LeBaron provided an overview of the types of signs. Discussion ensued regarding monument signs and temporary signs and the permit and fee structure. Council requested that the following changes be made to the sign regulations: - Section 7-190 Temporary Signs: A. Agricultural Signs shall have a maximum height of eight (8) feet. CITY COUNCIL MINUTES OCTOBER 21,2003 - B. Community Special Event Signs - Add places of worship and other non-profit organizations C. Construction Trade Signs - Maximum Area - 64 square feet D. Development Signs - Maximum Area - 64 square feet J. Real Estate Signs (Commercial) - Maximum Area - 64 square feet L.2.a. Flexible Banner Signs - A flexible banner sign must be affixed to real property. PC-2. Discussion of the October 21 2003, City Council regular agenda items There was general discussion regarding the City Council regular agenda items. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:26 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on October 21,2003, at 6:51 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tern Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Public Works Director Keith Fisher, Community Development Director Barry LeBaron, Community Development Manager Clayton Husband, Parks and Recreation Director Monica Walsh, Parks Superintendent Tim Hightshoe, CirculationlTechnical Services Librarian Matt Denton, Financial Analyst Collin Boothe, Assistant to the City Manager Cindy Martin and City Secretary Cynthia Singleton were also present. 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 Acquisition, 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 6:52 p.m. and reconvened at 7:30 p.m. The invocation was given by Neda Moayad of Colleyville Baha'i Community and Ross Foster led the Pledge of Allegiance. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D 2 CITY COUNCIL MINUTES OCTOBER 21,2003 - Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilman Hendler expressed appreciation to the citizens for their participation in the Colleyville Proud event. Councilman Dolan congratulated Ms. Susan Foster for receiving the Legacy of Women award for her work in the Cannon Summer Reading Club. Mayor Hocutt presented a Proclamation to Ms. Deanne Ayers for service on the Metroport Teen Court Advisory Board. Mayor Hocutt commended Mr. Ron Sturgeon, who could not attend the meeting, for his service on the Zoning Board of Adjustment. Mayor Hocutt presented a Proclamation in recognition of the Colleyville Fire and Parks and Recreation Department's staff for providing exemplary service in assisting with the delivery of a filly, LaserTag, owned by Linda and Trip Baker. Friends of the Colleyville Public Library President Carol Wollin and officers presented a donation of $15,000 for software and story hour program equipment for the Colleyville Public Library to Library Director Mary Rodne. Friends of the Colleyville Public Library President Carol Wollin and 1992 Officers Ellen Kelly and Rosemary Fitch presented a donation of $16,999.75 for audio visual equipment for the Colleyville Public Library to Library Director Mary Rodne. Ms. Carol Wollin announced that Friends of the Library had previously donated $25,000 received from a Verizon Technology Grant and that the Library will receive a Literacy Grant, in the amount of $21,730. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2241 - Consent Items: a. Approval of minutes of the regular City Council meeting of October 7, 2003 b. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of September 24,2003 ...- 3 CITY COUNCIL MINUTES OCTOBER 21, 2003 ,- c. Approval of minutes of the Joint City Council and Economic Development Task Force Worksession of October 1,2003 d. Approval of minutes of the City Council Worksession of October 4, 2003 e. Approval of the FY2004 Agency Agreements including the Arts Council of Northeast Tarrant County, Alliance for Children, Women's Haven, Colleyville Heritage High School (CHHS), Grapevine High School (GHS), Keller High School (KHS), Metroport Meals on Wheels (MMOW), Colleyville Area Chamber of Commerce, Tarrant County Youth Recovery Campus, Colleyville Proud, Grapevine Relief and Community Exchange (GRACE) and the Women's Shelter f. Approval of the amendment to the Employment Agreement between the City of Colleyville and the City Manager g. Approval of Professional Turf Products Buy Board Quote for a Toro Groundsmaster 4500 D mower, in the amount of $39,999 Mayor Hocutt opened the public hearing and read Resolution R-03-2241 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 Items e., f. and g. be removed and considered under the ending Resolution R-03-2249. Mayor Pro Tern Tigue moved to approve Resolution R-03-2241 excluding e., f. and g. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1416 - Approval of a Zoning Change from AG to PUD-C on 4.307 acres located at 6521 Colleyville Boulevard, Case Z-03-015 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1416. 4 CITY COUNCIL MINUTES OCTOBER 21, 2003 .- Mr. Kenneth McEntire, 6608 Baker Court, spoke in opposition to the proposed Ordinance and regarding the use of the property. Mr. Casey Haun, P.O. Box 1662, Colleyville, spoke in favor of the proposed Ordinance. Mr. John Paul Burnett, 601 Beverly, spoke in favor of proposed Ordinance 0-03-1416 and spoke regarding the current businesses on the property. Mr. David Gardner, 5017 Bluebonnet, spoke in favor of the proposed Ordinance 0-03- 1416 and regarding Mr. Gardner's automotive business. Mr. Gregg Flowers, 6614 McMakin Court, spoke regarding the proposed zoning, meeting with the applicant and the future zoning of the property. Ms. Kathy Hays-Stang, 5812 Bransford Road, spoke regarding potential buyers of property being aware of zoning prior to purchase. Mr. Kurt Kauffman, 1208 John McCain, spoke in favor of the proposed Ordinance. Ms. Antionetta Mooney, 404 Oak Valley Drive, spoke in favor of the proposed ordinance. 1<'''.... Mr. Swift Lindley, 2002 Kyle Court, spoke in favor of the proposed ordinance. Mr. Dave Dudziak, 2301 Wilkes Court, spoke regarding meetings between the applicant and neighbors, points of agreement and requested that the item be tabled for additional time for resolution. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Ms. Janis Hodges, 805 Beverly, applicant, was present to answer questions of the Council. Mayor Pro Tern Tigue stated that she received an email from Mr. and Mrs. Jim Hampton, which stated that although they could not attend the meeting, they were in favor of the proposed ordinance. Discussion ensued regarding types of zoning. Councilman Ayers moved to table Ordinance 0-03-1416. Mayor Pro Tern Tigue seconded the motion. ..- 5 CITY COUNCIL MINUTES OCTOBER 21, 2003 - Mayor Hocutt requested that the item remain tabled until the applicant requests that the item be placed on the agenda. Councilman Skinner called the question. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt requested that property owners within 200 feet be notified when the item is placed on a future agenda. Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1424 - Approval of a Zoning Change from CC2 to PUD-R on 7.160 acres located in the 4300 block of Brown Trail on the west side of the street, Case Z-03-018 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1424. - There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Larry Cole, applicant, was present to answer questions of the Council. Discussion ensued regarding side setbacks and commercial property. Mayor Pro Tern Tigue moved to approve Ordinance 0-03-1424. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Ayers and Mayor Pro Tern Tigue Nays: Council persons Dolan and Hendler Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1425 - Approval of a Zoning Change from R20 to RE on 10.943 acres located at the north end of Cedar Court and Jo Will Court, Case Z-02-021 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1425. <- 6 CITY COUNCIL MINUTES OCTOBER 21, 2003 - There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Public Works Director Keith Fisher provided information regarding drainage issues. Councilman Skinner moved to approve Ordinance 0~03-1425. 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. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1426 - Approval of a Zoning Change from R40 and R20 to R30 on 9.56 acres located at 2113 Glade Road and 4800 Bill Simmons Road, Case Z~03-023 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1426. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Barry Mitchum 1324 Lookout Court, Grapevine, Texas, applicant, was present to answer questions of the Council. Mayor Pro Tern Tigue moved approve Ordinance 0-03-1426. Councilman Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 8. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1427 - Approval of City Developer Agreement with Westgate Villas, Ltd., for Rosewood Villas Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1427. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 7 CITY COUNCIL MINUTES OCTOBER 21, 2003 ,,~ Mr. Raman Chandler, applicant requested that the item be tabled for future consideration. Councilman Skinner moved to table Ordinance 0-03-1427. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-03-2242 - To override the Mayor's veto of Resolution R-03-2228, appointing members to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-03-2242 in its entirety. Mr. David Fink, 6400 Ponderosa, spoke in favor of the proposed Resolution and regarding the reasons and method of filing the veto. Mr. Dave Dudziak, 2301 Wilkes Court, spoke in favor of the proposed Resolution and regarding the development of Kimzey Park and his service to the community. Mr. Rich Munson, 1905 Hall Johnson Road, spoke in opposition to the proposed Resolution and regarding his service to the City and the construction of Hall Johnson Road. Mr. Clifford Holliday, 2712 Meadowview Drive, spoke in favor of the proposed Resolution and regarding the effect of the veto on the economic development of the City. Mr. Steven Knight, 391.7 Felps Court, spoke in opposition to the proposed Resolution. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution. Mr. Tom Pitts, 3605 Wexford Court, spoke in opposition to the proposed Resolution. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 8 CITY COUNCIL MINUTES OCTOBER 21, 2003 Mayor Hocutt asked City Attorney Ross Foster, "Can the City Council make appointments other than by an ordinance or resolution". City Attorney Ross Foster responded, "No, the Charter requires that all official action of the City Council either be by resolution or ordinance". Mayor Hocutt asked City Attorney Ross Foster, "What authority does the Mayor have to veto an appointment since the City Council made the appointment pursuant to the adoption of the Rules and Procedure". City Attorney Ross Foster responded, "As I said, the City Charter requires all official action to be taken by ordinance or resolution; official action was taken by resolution, and under the Charter, the Mayor has the authority to veto the resolution". Mayor Hocutt asked City Attorney Ross Foster, "How does the Mayor have the authority to veto the appointment when Section 7.3d of Resolution R-90-612, states the nominees receiving the majority of votes is declared the winner and will be appointed to fill the vacant position". City Attorney Ross Foster responded, "The Council adopted a procedural resolution to the extent that it conflicts with the Charter, it is invalid, you have to follow the Charter in order to take official action". Councilman Skinner asked City Attorney Ross Foster, "In regards to the official notification to City Secretary Cynthia Singleton, I am looking at a copy of Mayor Hocutt's letter, it is addressed to Cynthia Singleton and City Council and it does not specifically reference her as City Secretary, is this in fact a valid notification". City Attorney Ross Foster responded, "In my opinion, yes". Mayor Hocutt read the statement that accompanied the veto of Resolution R-03-2242 and spoke regarding the reasons for the veto. Discussion ensued regarding board, committee, commission appointments, interview process, political process, reasons for support of the veto and reasons for override of the veto. Councilman Ayers moved to approve Resolution R-03-2242. Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilman Skinner and Mayor Pro Tern Tigue Mayor Hocutt declared the motion denied. 9 CITY COUNCIL MINUTES OCTOBER 21, 2003 10. READING AND PUBLIC HEARING - Resolution R-03-2243 - To override the Mayor's veto of Resolution R-03-2230, appointing members to the Colleyville Economic Development Corporation Board of Directors Mayor Hocutt opened the public hearing and read Resolution R-03-2243 in its entirety. Mr. Peggy Dennie, 200 Cheek Sparger, spoke in favor of the proposed Resolution. Mr. Paul Dennie, 200 Cheek Sparger, spoke in favor of the proposed of the Resolution. Mr. Victor Dupuy, 6807 Fallbrook Court, spoke regarding membership on the Economic Development Task Force and economic development. Mr. Rich Munson, 1905 Hall Johnson Road, spoke regarding the effectiveness of the Council, and in opposition to the proposed Resolution. Mr. Steven Knight, 3917 Felps Court, spoke in opposition to the proposed Resolution. Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the future, unity and progress of the City. Councilman Dolan moved to approve Resolution R-03-2243. Councilman Ayers seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilman Skinner and Mayor Pro Tern Tigue Mayor Hocutt declared the motion denied. Mayor Hocutt recessed the meeting at 9:55 p.m. and reconvened at 10:13 p.m. 11. READING AND PUBLIC HEARING - Resolution R-03-2244 - Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-03-2244 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 OCTOBER 21, 2003 Discussion ensued regarding process for making appointments to the Planning and Zoning Commission. Mayor Hocutt called for nominations for Place 5. Councilman Hendler nominated Luann Edwards. Mayor Pro Tern Tigue nominated Mark Jones. Mayor Hocutt called for the vote. Luann Edwards: Mark Jones: Council persons Skinner, Dolan, Hendler and Ayers Mayor Pro Tern Tigue Mayor Hocutt declared Luann Edwards appointed to Place 5. Mayor Hocutt called for nominations for Place 6. Councilman Ayers nominated Tom Hart. Mayor Pro Tern Tigue nominated Mark Jones. Tom Hart: Councilpersons Skinner, Dolan, Hendler and Ayers Mark Jones: Mayor Pro Tern Tigue Mayor Hocutt declared Tom Hart appointed to Place 6. Mayor Hocutt called for nominations for Place 7. Mayor Pro Tern Tigue nominated Jo Ann Gasper. Councilman Dolan nominated Dave Dudziak. Mayor Hocutt nominated Michael Brady. Mayor Hocutt called for the vote. Jo Ann Gasper: Dave Dudziak: Mayor Pro Tern Tigue Council persons Dolan, Hendler and Ayers Mayor Hocutt declared Dave Dudziak appointed to Place 7. Councilman Hendler moved to approve Resolution R-03-2244 ~.- Councilman Ayers seconded the motion. 11 CITY COUNCIL MINUTES OCTOBER 21, 2003 Ayes: Councilpersons Dolan, Hendler, Ayers and Skinner Nays: Mayor Pro Tern Tigue Mayor Hocutt declared the motion approved. 12. READING AND PUBLIC HEARING - Resolution R-03-2245 - Consideration of appointments to the Colleyville Economic Development Corporation Board of Directors Mayor Hocutt opened the public hearing and read Resolution R-03-2245 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt called for nominations for the first position. Mayor Hocutt nominated Janice Cole. Councilman Hendler nominated Donna O'Brien. ~ Donna O'Brien: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Mayor Hocutt declared Donna O'Brien appointed to the first position. Mayor Hocutt called for nominations for the second position. Mayor Hocutt nominated Janice Cole. Councilman Ayers nominated Lee Skaalrud. Janice Cole: Lee Skaalrud: Mayor Pro Tern Tigue Council persons Skinner, Dolan, Hendler and Ayers Mayor Hocutt declared Lee Skaalrud appointed to the second position. Mayor Hocutt called for nominations for the third position. Councilman Dolan nominated Richard Newton. Mayor Pro Tern Tigue nominated Janice Cole. re'- Mayor Hocutt called for the vote. 12 CITY COUNCIL MINUTES OCTOBER 21, 2003 Richard Newton: Janice Cole: Councilpersons Dolan, Hendler and Ayers Councilperson Skinner and Mayor Pro Tern Tigue Mayor Hocutt declared Richard Newton appointed to the third position. Councilman Hendler moved to approved Resolution R-03-2245. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hendler, and Ayers Nays: Councilman Skinner and Mayor Pro Tern Tigue Mayor Hocutt declared the motion approved. 13. READING AND PUBLIC HEARING - Resolution R-03-2246 - Consideration of appointments to the Traffic Safety Task Force Mayor Hocutt opened the public hearing and read Resolution R-03-2246 in its entirety. ,~ There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-03-2246 appointing Jonathan Leding, Steven Knight and Bill Hodges to the Traffic Safety Task Force. Mayor Pro Tern Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-03-2247 - Approval of a Final Plat of Parker Place (formerly Old Grove), 45.459 acres located west of the Westmont Addition, southwest of John McCain Road, Case P-03-019 Mayor Hocutt opened the public hearing and read Resolution R-03-2247 in its entirety. Carl Parker, 105 John McCain Road, spoke in opposition to Resolution R-03-2247 1"-" Ms. Beth Battles, 101 John McCain Road, spoke regarding the subdivision name change, drainage and traffic flow. 13 CITY COUNCIL MINUTES OCTOBER 21, 2003 Ms. Roxanne Jones, 104 John McCain Road, spoke regarding the right of way and drainage. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Eddie Eckert, representing the applicant, was present to answer questions of the Council. Mr. Josh Imhoff, 200 Crescent Court, Dallas, Texas, representing the applicant, was present to answer questions of the Council. Discussion ensued regarding right of way, prescriptive easement, street names and intersection configu ration. Councilman Ayers requested that City Attorney Ross Foster state the options available to Council with respect to the proposed plat. City Attorney Ross Foster stated, "This plat differs from the typical plat. Typically the rule is if a plat meets the development regulations of a City, the City Council is required to approve the plat. In this particular zoning case, part of the zoning ordinance provided that the City Council would exercise complete discretion in determining whether or not to approve the plat, so long as the condition that they objected to is not a condition that was adopted as part of the zoning ordinance. So in this particular situation, the Council has about the same authority as you would have had if you were looking at a site plan in a deed. So, essentially, the Council can deny the plat if you don't like the way the streets are set up; for almost any reason, other than a reason prohibited by the zoning ordinance itself'. Public Works Director Keith Fisher stated that an independent third party surveyor determined that the road is being built within the City right of way. Councilman Hocutt requested that an engineering study be conducted regarding the drainage prior to approval of the final plat. Councilman Ayers moved to deny Resolution R-03-2247 without prejudice. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. 1'''''- 14 CITY COUNCIL MINUTES OCTOBER 21, 2003 15. READING AND PUBLIC HEARING - Resolution R-03-2248 - Approval of a lease agreement with ImageNet Office Solutions for a digital copier Mayor Hocutt opened the public hearing and read Resolution R-03-2248 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Ayers moved to approve Resolution R-03-2248. Mayor Pro Tern Tigue seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion carried. TABLED ITEM: 16. CONSIDERATION OF ORDINANCE 0-03-1413 - Approval of granting to Comcast Cable of Texas II, Inc., (formerly AT&T Broadband) a cable television franchise for constructing, maintaining, operating and providing cable television service in the City Mr. Joe Deupree, 5101 Montclair, spoke regarding performance parameters for internet service and franchise fees and cable service, telecommunication service and the length of the contract. Deputy City Manager Dianne McWethy provided information related to cable franchise fees, subscriber fees and internet service. Mr. Clem Maddox, Comcast was present to answer questions of the Council regarding video and internet service. Discussion ensued regarding technological advances and future franchise fee opportunities Councilman Skinner moved to suspend the rules to allow citizens to speak. Councilman Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None (-- 15 CITY COUNCIL MINUTES OCTOBER 21, 2003 Mayor Hocutt declared the motion carried. Mr. Joe Deupree, 5101 Montclair, spoke regarding internet service and performance standards. Discussion ensued regarding length of contract. Mayor Pro Tern Tigue moved to approve Ordinance 0-03-1413 an amendment to Section 17.01 adding the following: Notwithstanding any other provision in this Franchise, in the event the percentage of Gross Revenue which the City may assess the Grantee is increased by federa//aw, that increase would automatically be included in all subsequent payments tot the City with the increase accruing from the effective date of such an increase. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers and Mayor Pro Tern Tigue Nays: Councilman Hendler Mayor Hocutt declared the motion carried. ,~ STAFF REPORTS: 17. MONTHLY FINANCIAL REPORT Discussion ensued regarding ending cash balance. CITIZEN COMMENTS: 18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Dave Dudziak, 2301 Wilkes Court, expressed gratitude to Monica Walsh and the Parks and Recreation staff for assistance with Octoberfest at Kimzey Park. Ms. Janet Douglass, 4600 E. Jim Mitchell Trail, spoke regarding witchcraft and voodoo activities in her neighborhood and the desire for an ordinance to address covert terrorism and religious persecution. r- ACTION/RESOLUTION: 19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 21, 2003 - Reading and Public Hearing - Resolution R-03-2249 16 CITY COUNCIL MINUTES OCTOBER 21, 2003 Mayor Hocutt opened the public hearing and read Resolution R-03-2249 in its entirety. There was no one present wishing to speak and Mayor Hocutt closed the public hearing. Discussion ensued regarding Agency Contracts, the terms of the City Manager's employment contract and the type of mower and funding. Mayor Pro Tern Tigue moved to approve Resolution 03-2249. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the motion approved. ADJOURNMENT: 20. ADJOURNMENT 'I"~ There being no further business before the City Council, Councilman Ayers moved to adjourn. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tern Tigue Nays: None Mayor Hocutt declared the meeting adjourned at 11 :45 p.m. APPROVED THIS .5 AYES, .1/ ~ DAY OF o NAYS AND 7'7.~~ 2003, BY A VOTE OF o ABSTENTIONS. Mi~0);~ Cynthia Singleton, TRMC City Secretary 17