Loading...
HomeMy WebLinkAboutCity Council-Minutes-5/18/2004 city Of Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET MAY 18, 2004 5:15 P.M. - PRE-COUNCIL AGENDA 6:30 P.M - CELEBRATE COLLEYVILLE STEERING COMMITTEE APPLICANT INTERVIEWS PC-1. Discussion of Board, Commission and Committee Appreciation Event PC-2. Presentation of Monthly Financial Report PC-3. Discussion of May 18, 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 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 Reverend Dale Smith, Colleyville Presbyterian 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 PLAQUE - In recognition of service on the Celebrate Colleyville Steering Committee - Charlene Hostin PROCLAMATION - In recognition of Eagle Scout Drew Schiller PROCLAMATION - In recognition of Mr. Charlie Hall and Officer Kevin Walling for their commitment and service to the Community CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2375 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 4, 2004 b. Approval of minutes of the City Council Worksession of April 27, 2004 c. Approval of a Memorandum of Understanding with the Grapevine- Colleyville Independent School District for use football practice fields at Colleyville Heritage High School (CHHS) PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1460 - Approval of an amendment to Ordinance 0-01-1277, the PUD-R for Strathmore Addition, located in the 3200 block of Glade Road, Case Z-04-016 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1462 - Approval of a Special Use Permit for an accessory building on Lot 16, Community Home Addition, located at 5004 Rose Street, Case Z-04-017 6. READING AND PUBLIC HEARING - Resolution R-04-2376 - Consideration of appointments to the Celebrate Colleyville Steering Committee 7. READING AND PUBLIC HEARING - Resolution R-04-2377 - Approval of a Minor Plat of Redus Addition, 14.3 acres located in the 4500 blocks of Bill Simmons Road and Bowman Drive, Case P-04-011 8. READING AND PUBLIC HEARING - Resolution R-04-2378 - Approval of a Preliminary Plat of Rockrimmon, 10.92 acres located in the 100 block of West Glade Road, Case P-04-016 9. READING AND PUBLIC HEARING - Resolution R-04-2379 - Approval of a waiver of the requirement for a fire hydrant at Whittier Heights, Phase II 10. READING AND PUBLIC HEARING - Resolution R-04-2380 - Approval of authorizing Planning and Support of the 50th Year Celebration Event for the City of Colleyville 11. READING AND PUBLIC HEARING - Resolution R-04-2381 - To override the Mayor's veto of Resolution R-04-2373, appointing members to the Planning and Zoning Commission 12. READING AND PUBLIC HEARING - Resolution R-04-2382- Consideration of appointments to the Planning and Zoning Commission REPORTS: 13. ZONING BOARD OF ADJUSTMENT MINUTES - March 9, 2004 ETHICS COMMISSION MINUTES - April 8, 2004 COLLEYVILLE LIBRARY BOARD MINUTES - April 12, 2004 CITIZEN COMMENTS: 14. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 18, 2004 - Reading and Public Hearing - Resolution R-04-2383 ADJOURNMENT: 16. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 14, 2004, at 5:00 p.m. 41- Cynthia 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 COLLEYVILLE CITY COUNCIL MEETING MAY 18, 2004 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on May 18, 2004, at 5:19 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Fire Chief Mike Johnston, Public Works Director Keith Fisher, Finance Director Terry Leake, Assistant to the City Manager Stephen Siedel and City Secretary Cynthia Singleton were also present. PC-1. Discussion of Board, Commission and Committee Appreciation Event City Secretary Cynthia Singleton provided an overview of the Board, Commission and Committee Appreciation Event. Council determined that the reception would be held 6:00 to 8:00 p.m. on August 26, 2004, at the Colleyville Center; that the Mayor would make brief remarks at 7:00 p.m. and this information would be included on the invitation; that entertainment would be provided either by middle school or high school students or artists associated with ARTSNET; that candid photographs would be taken throughout the evening and posted on the City's website; that a "save the date" letter from Council will be mailed to board, commission and committee members in June; and that invitations would be mailed three weeks prior to the event. Council requested that staff present entertainment options at a Pre Council meeting for Council discussion and approval. PC-2. Presentation of Monthly Financial Report The meeting was adjourned prior to this item being discussed. PC-3. Discussion of May 18, 2004 City Council regular agenda items CITY COUNCIL MINUTES MAY 18,2004 There was general discussion regarding Council agenda items 4,8 and 9, related to the required number of lots in a gated community, the responsibility of street repair, the requirement for a residence fire sprinkler system and requirements of the Land Development and Fire Codes for fire hydrants. Fire Chief Mike Johnston provided information regarding fire hydrant requirements in a development. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:19 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on May 18, 2004, at 6:55 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Police Chief John Young, Lieutenant Rodney Cunningham, Officer Kevin Walling, Fire Chief Mike Johnston, Fire Marshal Jeff Jones, Public Works Manager Kelly Howell, Senior Mechanic Tim Mathis, Communications Manager Dixie Cawthorne, Assistant to the City Manager Stephen Seidel, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Pending Litigation - Sroadland 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 - 2 CITY COUNCIL MINUTES Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - MAY 18, 2004 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 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 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 6:56 p.m. and reconvened at 7:52 p.m. The invocation was given by Reverend Dale Smith of Colleyville Presbyterian Church and City Attorney Ross Foster led the Pledge of Allegiance. Mayor Hocutt announced that due to Comcast Cable Company technical difficulties, the City Council meeting sound will be delayed, for the live feed production, approximately ten minutes. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt read a statement that was composed and signed by former Mayors Ed Baker, Richard Newton and Donna Arp and himself regarding cooperation, trust and leadership. Mayor Hocutt spoke regarding correspondence he received regarding a potential 40% tax increase and stated that he does not support a tax increase. Councilman Ayers called a point of order. Mayor Hocutt did not accept the point of order. Councilman Ayers appealed the point of order. 3 CITY COUNCIL MINUTES MAY 18, 2004 Mayor Hocutt called for the vote. Ayes: Councilpersons Dolan, Ayers and Hendler Nays: Councilperson Skinner and Mayor Pro Tem Tigue The Point of Order was sustained. Mayor Hocutt announced that Grapevine High School Project Graduation 2004 presented a plaque to the City in appreciation of a donation of $1 ,000. Mayor Hocutt recognized Ms. Charlene Hostin for service on the Celebrate Colleyville Steering Committee. Mayor Hocutt presented a Proclamation to Eagle Scout Drew Schiller. Mayor Hocutt recognized Mr. Charlie Hall and Officer Kevin Walling for their commitment and service to the Community in support of Special Olympics. Officer Walling introduced Colby Banister, a sophomore at Richland High School, who spoke regarding his school and extracurricular activities and accomplishments. Mr. Charlie Hall expressed appreciation to his wife, son, daughter-in-law and mother and city employees Tim Mathis and Russell Bruce for their support and assistance in the planning and implementation of the Special Olympics fund raiser event. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2375 - Consent Items: a. Approval of minutes of the regular City Council meeting of May 4, 2004 b. Approval of minutes of the City Council Worksession of April 27, 2004 c. Approval of a Memorandum of Understanding with the Grapevine- Colleyville Independent School District for use football practice fields at Colleyville Heritage High School (CHHS) Mayor Hocutt opened the public hearing and read Resolution R-04-2375 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-04-2375. 4 CITY COUNCIL MINUTES MAY 18,2004 Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1460 - Approval of an amendment to Ordinance 0-01-1277, the PUD-R for Strathmore Addition, located in the 3200 block of Glade Road, Case Z-04-016 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1460. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. George D'Hemecourt, 545 E. John Carpenter, Suite 1500, Irving, Texas, applicant, spoke regarding the sprinkler system, the set back, ornamental street lights, position of garages and fencing and was present to answer questions of the Council. Fire Chief Mike Johnston spoke regarding the requirement for and operation of fire sprinkler systems and entry to the subdivision for emergencies. Discussion ensued regarding a gated development, number of residences and front setback. Mayor Pro Tem Tigue moved to approve Ordinance 0-04-1460 with the amendment to Sec. 2., 4. Residential Lot Requirements and Setbacks, h. Rear Building Line 25 feet west side, 15 feet east side. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Ayers and Mayor Pro Tem Tigue Nays: Councilpersons Dolan and Hendler Mayor Hocutt declared the motion carried. 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1462 - Approval of a Special Use Permit for an accessory building on Lot 16, Community Home Addition, located at 5004 Rose Street, Case Z-04-017 5 CITY COUNCIL MINUTES MAY 18, 2004 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1462. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided information related to the request for the Special Use Permit. Councilman Skinner encouraged citizens to adhere to the policies and procedures of the City. 6. READING AND PUBLIC HEARING - Resolution R-04-2376 - Consideration of appointments to the Celebrate Colleyville Steering Committee Mayor Hocutt opened the public hearing and read Resolution R-04-2376 in its entirety. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Ms. Jan Feaster, 3204 Carisbrooke Court, spoke in opposition to the appointment of Ms. Linda Baker to the Celebrate Colleyville Steering Committee. Mr. Bill Dennis, 4600 Shady Creek, spoke in opposition to the appointment of Ms. Linda Baker to the Celebrate Colleyville Steering Committee. Mr. Jim Fletcher, 1108 Nueces, spoke in support of the appointment of Ms. Linda Baker to the Celebrate Colleyville Steering Committee. Mr. Steven Knight, 3917 Felps Court, spoke in opposition to the appointment of Ms. Linda Baker to the Celebrate Colleyville Steering Committee and regarding the campaign material distributed by Ms. Baker. Mr. Terry Hanson, 4904 Prestwick Drive, spoke in opposition to the appointment of Ms. Linda Baker to the Celebrate Colleyville Steering Committee and regarding the campaign material distributed by Ms. Baker. Mayor Pro Tem Tigue requested that the applicants be considered for appointment separately. Mayor Hocutt opened the floor for nominations for the first position. Mayor Pro Tem Tigue nominated Tom Westerman. 6 CITY COUNCIL MINUTES MAY 18, 2004 There were no other nominations and Mayor Hocutt declared Tom Westerman appointed to the Celebrate Colleyville Steering Committee by acclamation. Mayor Hocutt opened the floor for nominations for the second position. Councilman Hendler nominated Linda Baker. There were no other nominations and Mayor Hocutt called for the vote. Ayes: Councilpersons Hendler, Ayers and Dolan Nays: Councilperson Skinner and Mayor Pro Tem Tigue Councilman Dolan moved to approve Resolution R-04-2376 appointing Tom Westerman and Linda Baker to the Celebrate Colleyville Steering Committee. Councilman Hendler seconded the motion. Ayes; Councilpersons Dolan, Hendler and Ayers Nays: Councilperson Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-04-2377 - Approval of a Minor Plat of Redus Addition, 14.3 acres located in the 4500 blocks of Bill Simmons Road and Bowman Drive, Case P-04-011 Mayor Hocutt opened the public hearing and read Resolution R-04-2377 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tern Tigue moved to approve Resolution R-04-2377. Councilman Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-04-2378 - Approval of a Preliminary Plat of Rockrimmon, 10.92 acres located in the 100 block of West Glade Road, Case P-04-016 7 CITY COUNCIL MINUTES MAY 18,2004 Mayor Hocutt opened the public hearing and read Resolution R-04-2378 in its entirety. There were no others wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Ms. Luann Edwards spoke in support of the proposed resolution and expressed appreciation to Chad Bartee, Engineer, and presented a letter signed by homeowners located directly west of the proposed development to the City Secretary. Mayor Pro Tem Tigue moved to approve Resolution R-04-2378. Councilman Skinner seconded the motion. Public Works Keith Fisher spoke regarding the drainage requirements for the development. Ayes: Council persons Skinner, Ayers and Mayor Pro T em Tigue Nays: Council persons Dolan and Hendler Mayor Hocutt declared the motion carried. Mayor Hocutt recessed the meeting at 9:00 p.m. and reconvened at 9:08 p.m. 9. READING AND PUBLIC HEARING - Resolution R-04-2379 - Approval of a waiver of the requirement for a fire hydrant at Whittier Heights, Phase II Mayor Hocutt opened the public hearing and read Resolution R-04-2379 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Ned Webster, 1400 West Abram Street, representing the applicant, spoke regarding the Land Development Code as it relates to the requirement for fire hydrants and the proposed ordinance. Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, applicant, spoke regarding the existing hydrants in the area, in which the waiver is requested. Fire Chief Mike Johnston spoke regarding the Fire Code and the Land Development Code related to fire hydrant spacing and the need for an additional fire hydrant in the Whittier Heights development. Councilman Skinner moved to deny Resolution R-04-2379. 8 CITY COUNCIL MINUTES MAY 18,2004 Councilman Hendler seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-04-2380 - Approval of authorizing Planning and Support of the 50th Year Celebration Event for the City of Colleyville Mayor Hocutt opened the public hearing and read Resolution R-04-2380 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-04-2380. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue Nays: None Mayor Hocutt declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-04-2381 - To override the Mayor's veto of Resolution R-04-2373, appointing members to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2381 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Resolution R-04-2381. Councilman Ayers seconded the motion. Ayes: Councilpersons Dolan, Ayers and Hendler Nays: Councilpersons Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion denied. 9 CITY COUNCIL MINUTES MAY 18, 2004 Four ayes are necessary to override a veto. 12. READING AND PUBLIC HEARING - Resolution R-04-2382- Consideration of appointments to the Planning and Zoning Commission Mayor Hocutt opened the public hearing and read Resolution R-04-2382 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 divide the question and present nominations for each place. Mayor Hocutt opened the floor for nominations for Place 5. Councilman Ayers nominated David Dudziak. Mayor Hocutt nominated Michael Brady Mayor Hocutt called for the vote. David Dudziak: Councilpersons Hendler, Ayers and Dolan Michael Brady: Councilman Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared David Dudziak appointed to Place 5. Mayor Hocutt opened the floor for nominations to Place 6. Councilman Ayers nominated Luann Edwards. Mayor Pro Tem Tigue nominated Michael Brady. Mayor Hocutt nominated Dennis Duffy. Mayor Hocutt called for the vote. Luann Edwards: Council persons Hendler, Ayers and Dolan Michael Brady: Councilperson Skinner and Mayor Pro Tem Tigue Dennis Duffy: Mayor Hocutt declared Luann Edwards appointed to Place 6. Mayor Hocutt opened the floor for nominations to Place 7. Councilman Dolan nominated Tom Hart. Mayor Pro Tem Tigue nominated Michael Brady. 10 CITY COUNCIL MINUTES MAY 18, 2004 Mayor Hocutt called for the vote. Tom Hart: Michael Brady: Councilpersons Dolan, Hendler and Ayers Councilperson Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared Tom Hart appointed to Place 7. Councilman Ayers moved to approve Resolution R-04-2382. Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler and Ayers Nays: Councilperson Skinner and Mayor Pro Tem Tigue Mayor Hocutt declared the motion carried. REPORTS: 13. ZONING BOARD OF ADJUSTMENT MINUTES - March 9, 2004 ETHICS COMMISSION MINUTES - April 8, 2004 COLLEYVILLE LIBRARY BOARD MINUTES - April 12, 2004 There was no action taken on this item. CITIZEN COMMENTS: 14. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. James Day, 805 Shelton Drive, spoke regarding politics and the campaign materials distributed by Ms. Linda Baker and in support of Mr. Mark Jones. Mr. Steven Knight, 3917 Felps Court, spoke regarding the May 15, 2004, General Election results and regarding correspondence forwarded to the City related to political signs. The time allowed for speaking expired and the Council voted on whether to extend the time. Ayes: Mayor Pro Tem Tigue Nays: Councilpersons Skinner, Dolan, Hendler and Ayers Mayor Hocutt declared that the time to speak would not be extended. 11 CITY COUNCIL MINUTES MAY 18,2004 Ms. Kathy Hadley, 204 Timberline North spoke regarding the right to hear Mayor Hocutt's comments regarding reports of a 40% percent tax increase. Mayor Hocutt requested that Mayor Pro Tem Tigue preside over the meeting while he spoke as a citizen. Mr. Joe Hocutt, 7703 Tillman Hill, spoke regarding the agreement composed and signed by former Mayors Ed Baker, Richard Newton, Donna Arp and Mayor Joe Hocutt and regarding campaign materials falsely asserting that the Mayor is increasing taxes by 40%; and the future of Colleyville and the current tax rate. Mr. Hocutt stated, "However, for the record, any concerns that citizens may have or businesses may have about the Mayor's position, I want to be very clear. We have gotten in our preliminary numbers, and overall our property values have increased 6.19%. With existing properties both residential and commercial increasing 2.67%, sales tax year over year are up 14.5%. The financial condition of our City looks good. I, Joe Hocutt, your Mayor, suggest, plan and support no tax rate increase for 2004 - 2005 budget year. I would hope that the Council would join me in that initiative. I have never supported a tax increase without voter approval. We have worked very hard over the past 12 months in terms of working, or trying to work, together as a Council to pull together a CIP project. We had over 135 million dollars of projects identified. When you look at 135 million dollars worth of projects, you know you can't afford all of them and that did not even include the power lines. We have worked it down; lots of people have asked for different data from a financial manager. We asked from each other because we have got to be creative with our financing the way we're looking at it. I want to go on the record that I in no way have ever supported a tax increase. I do not, will not and I hope Council will follow my lead." Mr. Mike Taylor, 5016 Chelsea Drive stated, "Congratulations on the re-election of Mr. Hendler and Mr. Ayers and Mr. Hart being elected. I would like to take, I appreciate what the others have said, but I think sometimes you have to look at the glass being half full and half empty. I was standing near these two Councilmen whenever Mr. Knight brought to them a paper and ask them to sign it to remove signs, which I don't think t~ey had any knowledge of or they had anything to do with based on their comments. I would like to say the glass is half full by saying they took responsibility though and sent somebody, I guess, to go take them down. And I know that has happened before in other elections and the other people would not take them down. So, you are to be commended for stepping up to the bat and responding to Mr. Knight's request and I don't think anybody bothered to say that you did take action and took those signs down or the ones, I guess, you knew about or whoever you sent to do it. I think that speaks highly of you guys and that was not brought out tonight and I feel like it should. I don't think anyone said that. 12 CITY COUNCIL MINUTES MAY 18, 2004 As far as the tax increase, Mayor, the thing that concerns me is that, in the meeting that I sat in, I can't remember if it was in January or February, I know it was the first time you had a CIP meeting in this room over here. What bothers me about your comments, is that I was there when you asked how much we could raise their taxes without their approval. And the response was, the Charter limit is 7%, and you took what appeared to be your cell phone, I'm not sure and you were punching around on it and you said, well, that is only 35 percent. And across the room, I was looking you in the eye, as I am right now and I said, No, Mayor, that 40.255 and you said, Oh, 40%, now I don't know what you intended to do with that or where you intended to go with, but Mayor you did and you know you did. And the point is, why did it now show up if somebody was saying there were documents as there was said in the first of the meeting why did that get that far, why was it even being talked about, and that is something you didn't answer just then when you were speaking. Now, if you want to call me a liar, then that is another issue for another day. But that meeting, I was there as were other people in the room, because it caught their attention and they were asking me, "Was he talking about raising taxes 40%?" So, I was there and that is all the comments I have to say, Sir. ACTION/RESOLUTION: 15. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 18, 2004 - Reading and Public Hearing - Resolution R-04-2383 This item was not needed. ADJOURNMENT: 16. ADJOURNMENT There being no further business before the City Council, Councilman Ayers moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers, and Mayor Pro Tem Tigue Nays: None APPROVED THIS -.5 AYES, Mayor Hocutt declared the meeting adjourned at 10:25 p. m. ~ 2004, BY A VOTE OF o ABSTENTIONS. /51- DAY OF o NAYS AND 13 CITY COUNCIL MINUTES MAY 18, 2004 Minutes taken and prepared by: o/t>Lk-C2f}J~ Cynthia Singleton, TRMC City Secretary 14