HomeMy WebLinkAboutCity Council-Minutes-1/7/2003
MINUTES OF THE
COLLEYVILLE CITY COUNCIL
JANUARY 7,2003
The Pre-Council meeting of the Colleyville City Council was called to order by Mayor
Arp on January 7,2003, at 5:17 p.m.
ROLL CALL:
Councilpersons Joe Hocutt, Brad Rice and Mayor Pro Tem Ginny
Tigue were present. Mayor Donna Arp, City Manager Bill Lindley,
Deputy City Manager Dianne McWethy, Interim Community
Development Manager Clayton Husband, Public Works Director
Keith Fisher, Public Works Manager Kelly Howell, Fire Chief Mike
Johnston, Communications Manager Dixie Cawthorne,
Administrative Assistant Cindy Martin, and City Secretary Cynthia
Singleton were also present.
Councilman Rich Hendler arrived at 5:23 p,m.
Councilman Richard Newton was absent.
PC.- 1. Discussion of proposed Storm Water Quality Ordinance
Public Works Director Keith Fisher provided an overview of the storm water quality
management program and the Storm Water Quality Ordinance.
PC.- 2. Discussion of January 7,2003, City Council regular agenda items
There was general discussion regarding the regular agenda items.
Mayor Arp declared the meeting adjourned at 6:08 p.m.
CITY COUNCIL MINUTES
JANUARY 7,2003
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on January 7,2003, at 6:48 p.m.
ROLL CALL:
Councilpersons Joe Hocutt, Brad Rice, Rich Hendler, Richard
Newton, and Mayor Pro Tem Ginny Tigue were present. Mayor
Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne
McWethy, Finance Director Terry Leake, Community Development
Director Barry LeBaron, Public Works Director Keith Fisher,
Engineer Chris Steubing, Parks and Recreation Manager Monica
Walsh, Financial Analyst Collin Boothe, Communications Manager
Dixie Cawthorne, Administrative Assistant Cindy Martin, 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
Mayor Arp 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. She further
explained that there would be no decisions made or action taken during this time. The
meeting was recessed at 6:50 p.m. and reconvened at 7:32 p.m.
The invocation was given by Reverend Carter Foster of Colleyville Christian Fellowship,
after which 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
Councilman Newton acknowledged an email from Mr. David Wheaton regarding the
status of the Spring Garden development.
Mayor Arp read a thank you letter from Warren and Terrie Webb, family of John Rueben
Webb who lived in the Webb House. The family donated family artifacts, dating back to
the early 1900's, to furnish the renovated Webb House.
Mayor Arp presented plaques to Mike Taylor in appreciation of service on the SH26
Committee and the Tax Increment Financing District Board of Directors.
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CITY COUNCIL MINUTES
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Mayor Arp presented a plaque to Dana Feldman in appreciation of service on the Tax
Increment Financing District Board of Directors.
Councilman Hendler expressed appreciation to Joe Noorlag and Tom Cicherski for their
service on the Parks and Recreation Advisory Board.
Councilman Newton expressed appreciation to all of the citizens who served on the
SH26 Committee and Tax Increment Financing District Board of Directors and other
committees.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-03-2084- Consent Items:
a. Approval of minutes of the regular City Council meeting of December 17,
2002
b. Approval of Historical Preservation Committee goals for FY2003
Mayor Arp opened the public hearing and read Resolution R-03-2084 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Pro Tem Tigue expressed appreciation to Historical Preservation Committee
members for establishing the FY2003 goals.
Mayor Pro T em Tigue moved to approve Resolution R-03-2084.
Councilman Hocutt seconded the motion.
Councilman Hendler made the following friendly amendment to the December 17, 2002,
minutes, item 18: Councilman Hocutt made a friendly amendment to Section E.
Development Standards, Subsection 16: Limitations on Late Night Hours of Operation -
Change hours of operation to: Business located within this PUD-C shall close not later
than 12:00 a.m. on weekdays and Sundays and 2:00 a.m. on Fridays and Saturdays.
Mayor Pro Tem Tigue and Councilman Hocutt accepted the friendly amendment.
Councilman Hocutt reviewed the 2002 Historical Preservation Committee goals and
accomplishments.
Mr. Joe Deupree, Chairman, Historical Preservation Committee, spoke regarding the
50th anniversary of the City.
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CITY COUNCIL MINUTES
JANUARY 7, 2003
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1381 -
Approval of a Special Use Permit for an accessory building on Lot 1, Block 3,
Sunrise Terrace Addition located at 1205 Glade Road, Case Z-02-029
Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1381.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the size of the accessory building and letters of opposition
received from neighbors.
Councilman Hocutt moved to deny Ordinance 0-02-1381.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
5.
SECOND READING AND PUBLIC HEARING -
Approval to adopt an Ethics Code
Ordinance 0-02-1382 -
Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1382.
Mr. Jim Moore, 1416 Glade Road, spoke in opposition to the proposed Ethics
Ordinance and regarding the creation of an Ethics Commission.
Mr. Dave Dudziak, 2301 Wilkes Court, spoke in opposition to the proposed Ethics
Ordinance and proposed changes to the ordinance.
Mr. Steven Magee, 6900 Shepherds Glen, spoke in opposition to the proposed Ethics
Ordinance and proposed changes to the ordinance.
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CITY COUNCIL MINUTES
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Mr. Maurice Connor, 1303 Bellefonte Lane, spoke regarding the process for making an
amendment, Ethics Committee membership and in opposition to the proposed
ordinance and proposed changes to the ordinance.
There were no others present wishing to speak and Mayor Arp closed the public
hearing.
City Manager Bill Lindley stated who served on the Ethics Committee and the process
for establishment of the committee.
Councilman Newton moved to approve Ordinance 0-02-1382 with the amendments
made by Councilman Newton.
Councilman Hendler seconded the motion.
Mayor Pro Tem Tigue requested that City Attorney Ross Foster review the proposed
ordinance in relation to any potential conflict with the City Charter.
City Attorney Ross Foster stated that the proposed ordinance is complimentary to the
City Charter.
Discussion ensued regarding the proposed changes made by Councilman Newton.
Councilman Newton called the question.
Ayes: Councilpersons Hendler and Newton
Nays: Councilpersons Rice, Hocutt and Mayor Pro Tem Tigue
Mayor Arp declared the motion denied.
City Manager Bill Lindley provided a history of the development of the proposed
ordinance.
Councilman Newton moved to table Ordinance 0-02-1382.
Councilman Hendler seconded the motion.
Discussion ensued regarding the process for appointments to the Ethics Commission,
and possible conflict with the City Charter.
Councilmembers agreed to conduct a worksession regarding the proposed ordinance
and subsequently forward to the City Attorney for review.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
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CITY COUNCIL MINUTES
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Mayor Arp declared the motion carried.
Mayor Arp recessed the meeting at 9:15 p.m. and reconvened at 9:30 p.m.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1383 - Approval
of a Special Use Permit for a cellular tower on Lot 1, Block 2, Leggett, McKithan
and Baylock Addition located at 2319 Hall Johnson Road, Case Z-02-031
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1383.
Mr. Joe Deupree, 5101 Montclair, spoke regarding the cellular tower.
There were no others present wishing to speak concerning this item and Mayor Arp
closed the public hearing.
Mr. Jim Walker, 331 Arbor Court, representing the applicant, was present to answer
questions of the Council.
Councilman Rice requested the following changes to the proposed ordinance: Section
1 a: "and shall be limited to two (2) antenna installations" and insert as Section 2: ''This
Special Use Permit will terminate and the tower shall be removed in the event the tower
ceases to be used as a cellular tower. Such removal shall occur within ninety (90) days
of the termination of the Special Use Permit" and renumber the remaining sections.
Discussion ensued regarding the safety of the tower.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1384- Approval of
a Special Use Permit for an accessory building on Lot 11, Block 2, Highland
Acres located at 305 Timberline North, Case Z-02-036
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1384.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1385 - Approval
of a Zoning Change from AG to PUD-C Planned Unit Development Commercial
on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant
Lane, Case Z-02-034
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1385.
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CITY COUNCIL MINUTES
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Mr. Kenneth McEntire, 6608 Baker Court, spoke regarding property values, fencing,
curb height, trees along the property line, hours of operation, building height and a
landscaping buffer.
Mr, Dave Dudziak, 2301 Wilkes Court, spoke regarding property values and
landscaping buffers.
Mr. Jim Graham, 6616 McMakin Court, spoke in favor of the proposed Ordinance and
regarding the current condition of the property.
Mr. Greg Flowers, 6614 McMakin Court, spoke in favor of the proposed Ordinance and
regarding drainage and site work.
There were no others present wishing to speak and Mayor Arp closed the public
hearing.
Mr. Dwayne Young, 1904 Industrial Boulevard, applicant, was present to answer
questions of the Council.
Discussion ensued regarding zoning and the types of businesses allowed.
Councilman Rice proposed the following changes to the ordinance: automotive repair
facility limited to 5,000 square feet; maximum building height restricted to 22 feet; side
and rear building lines to provide for a 70-foot building line adjacent to residential
property line; fencing requirement changed from wood to masonry; commercial outside
activities restricted during 9:00 p.m. to 7 a.m.
Councilman Hocutt requested an overlay of the Highway 26 expansion for this area.
City Manager Bill Lindley spoke regarding the existing code violations on the property.
9. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1386 - Approval
of a Zoning Change from AG to PUD-R Planned Unit Development
Residential on 3.561 acres located at 414 W. McDonwell School Road, Case Z-
02-028
The applicant withdrew the request for a zoning change.
10. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1387 - Approval
of an amendment to the PUD-R (0-02-1364) for Lonesome Dove Estates Phase
3, 19.405 acres located on the south side of L.D. Lockett Road near Precinct
Road, Case Z-02-035
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CITY COUNCIL MINUTES
JANUARY 7,2003
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1387.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mr. Dick Blackard, 322 Carnations, Hurst, Texas, applicant, was present to answer
questions of the Council.
Councilman Rice requested that the applicant's previous request for zoning be provided
to Council.
CITIZEN COMMENTS:
11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak.
ACTION/RESOLUTION:
12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 7, 2003 -
Reading and Public Hearing - Resolution R-03-2085
This Resolution was not needed.
ADJOURNMENT:
13. ADJOURNMENT
There being no further business before the City Council, Councilman Hendler
moved to adjourn.
Councilman Newton seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton, and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the meeting adjourned at 10:20 p.m.
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CITY COUNCIL MINUTES
JANUARY 7, 2003
APPROVED THIS
S AYES,
oZ/~ DAY OF ~ 2003, BY A VOTE OF
o NAYS AND D ABSTENTIONS.
Minutes taken and prepared by:
C~~~~
City Secretary
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