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HomeMy WebLinkAboutCity Council-Minutes-2/18/2003 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING FEBRUARY 18, 2003 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Arp on February 18, 2003, at 5:17 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler and Richard Newton were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Fire Chief Mike Johnston, Engineer Chris Steubing, Communications Manager Dixie Cawthorne, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ginny Tigue arrived at 5:25 p.m. PC-1. Overview of the 2003-2004 Budget Calendar There was general discussion regarding the 2003-2004 budget calendar. PC- 2. Discussion of February 18, 2003 City Council regular agenda items There was general discussion regarding the regular agenda items. Communications Manager Dixie Cawthorne provided an overview of the Integrated Library System features. CITY COUNCIL MINUTES FEBRUARY 18, 2003 The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on February 18, 2003, at 6:45 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, Community Development Director Barry LeBaron, Interim Community Development Manager Clayton Husband, Finance Director Terry Leake, Engineer Chris Steubing, Fire Chief Mike Johnston, 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. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Deliberations regarding economic development negotiations -Town Center development Sec. 551.071 - 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 6:47 p.m. and reconvened at 7:45 p.m. The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic Community, 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 Hendler congratulated the Cross Timbers Middle School girl's basketball "B" team for winning a district title. Councilman Newton stated that several emails have been received from Mr. David Wheaton and Mr. Billy Robertson requesting that Council take action on the tabled item regarding the Spring Garden subdivision. 2 CITY COUNCIL MINUTES FEBRUARY 18, 2003 Mayor Arp announced that the Colleyville Heritage High School basketball team won district and wished the team good luck in the play-offs. Councilman Newton stated that he was involved in correspondence regarding the Highland Meadows Homeowner's Association reimbursement for landscaping along Hall Johnson Road. Mayor Arp presented a Proclamation in recognition of TOUGHLOVE@ Programs Against Violence Month to Ms. Janet Slayton, Mr. Ed Slayton and Ms. Sandra O'Neil, TOUGHLOVE@ International representatives. Mayor Arp presented a Proclamation in recognition of Congenital Heart Defects (CHD) Day to Ms. Sally Pearson, President of Heart to Heart and Ms. Susan Tucker, Heart to Heart Board Member. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-03-2100 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 4, 2003 b. Approval of minutes of the City Council Worksession of January 30, 2003 c. Approval of minutes of the City Council Worksession of February 6, 2003 Mayor Arp opened the public hearing and read Resolution R-03-2100 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice moved to approve Resolution R-03-21 00. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 3 CITY COUNCIL MINUTES FEBRUARY 18, 2003 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1389 - Approval of a Special Use Permit for Alcoholic Beverage Sales at Town Center Colleyville, located on the southeast corner of Hall Johnson Road and Colleyville Boulevard in the 5500-5700 block, Case Z-03-001 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1389. Mr, Joe Deupree, 5101 Montclair, spoke in opposition to the proposed Ordinance and regarding the distance requirements for alcohol permits, Special Use Permits and state regulations for alcohol permits. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton read the following personal statement. "This overlay Special Use Permit for alcoholic beverage sales violates the minimum 300 foot distance requirements to the Montessori Elementary School imposed by Colleyville's own ordinances. On principal, I am opposed to passing an ordinance that violates one of Colleyville's laws. When I brought this up to others on Council, I have been told (1) it doesn't matter because we can rely on the state not to issue an alcoholic permit to an establishment within the 300 foot distance limitation to the Montessori school and (2) there will not be any business establishments in that area of the overlay that will ask for an alcoholic beverage sales permit anyway. Those answers demand that I ask two questions. One, if no business will request alcoholic beverage sales permit in that area of Town Center, then why does the overlay cover that area and two, why would this Council vote to abdicate the City's responsibility to control liquor sales to the state. If we abdicate that responsibility, we will not be living up to our sworn duties to uphold the laws of Colleyville. To me, this simply represents another lowering of the standards of Colleyville. In my experience while I have served in elected positions, Colleyville has never settled for minimum standards, why would we do it now. This is alarming to me because of the precedent that has already been set in lowering Colleyville's standards for alcohol beverage sales. In 2001, three of you on this Council voted to lower the minimum distance requirements between establishments selling alcoholic beverage and churches, schools and hospitals from 1,000 feet to 300 feet. As a consequence of lowering this standard, Colleyville now has a bar next door to the First Baptist Church. We have citizens that are not happy this was done, the church was not happy this was done. What's worse is, I don't know whether this was done on purpose or this was simply an unanticipated and unintended consequence of lowering the standards. We as elected officials have a responsibility to the citizens of Colleyville to uphold the standards that they set. In 1991, the citizens of Colleyville voted to allow alcoholic beverage sales in Colleyville as long as there was a 1,000 foot minimum distance from churches, schools and hospitals. In June 2001, the Council changed this distance 4 CITY COUNCIL MINUTES FEBRUARY 18, 2003 requirement without consulting the citizens for a restaurant that has since gone out of business and is now a bar. In the course of changing this distance requirement, just so this restaurant could have a liquor license, the Special Use Permit was granted permanently forever to run with the land not the business that requested it. That is the reason the bar could open using the Special Use Permit rights originally granted to the restaurant that were well below what the citizens of Colleyville approved. When a group of concerned citizens from the First Baptist Church raised protest, they were told that the 300 foot distance could not be changed back to 1,000 feet again based on state regulations. It's not yet clear to me what that real situation is. What's the moral of this story? When standards are lowered, there can be unintended consequences. Will we have bars opening in other locations that have been granted perpetual rights to sell liquor, These include the Village at Colleyville. Do we want that possibility in Town Center. For Town Center, there is no reason to grant an overlay to the entire development. There is a way to accomplish what the developer wants while protecting the citizen's best interests. The last time this Council depended on the state to regulate for Colleyville, we ended up with a bar that the neighbors don't want. The City Council is supposed to solve problems, not create them. Citizens need to be protected and the developer needs to be helped. There is more than one way to accomplish this. What's been proposed is simply the easiest way. All the things that have been done to make Colleyville the special place that it is today weren't done because they were easy. They were done to maintain and raise the standards not lower them. I for one do not want to compromise on standards. I think we as elected officials should reverse the trend of lowering standards. To accomplish this, my recommendations are (1) only grant Special Use Permits for the sale of alcoholic beverages where it is specifically needed not as overlays; (2) only grant these Special Use Permits for the life of the business that requested them; (3) monitor the percentage of food and alcohol sales for establishments with Special Use Permits at least twice a year; and (4) if possible, return the minimum distance requirement to 1,000 feet as the citizens approved by vote." Discussion continued regarding economic development and the desires of the Montessori school relating to the Special Use Permit. Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1389, with the amendment that the sale of alcoholic beverages shall be prohibited within the area located within 300 feet of the Barbara Gordon Montessori School. Councilman Hocutt seconded the motion. Discussion continued regarding a time limit on a Special Use Permit. Councilman Hocutt made a friendly amendment that the Special Use Permit required for alcoholic beverage sales for on-premise or off-premise consumption shall become null and void five years from the date of approval of this ordinance for undeveloped sites. 5 CITY COUNCIL MINUTES FEBRUARY 18, 2003 Mayor Pro Tem Tigue accepted friendly amendment. Mayor Pro Tem Tigue called the question. Mayor Arp did not accept the question called to allow discussion to continue. Discussion continued regarding the Texas Alcoholic Beverage Commission food to alcohol sale ratio reporting schedule, ability to change the distance requirements and criteria for citizen notification. City Attorney Ross Foster stated that the distance requirements may not be changed from 1,000 feet to 300 feet except in the case of a request by a private school. Mayor Pro Tem Tigue called the question. Mayor Arp did not accept the question called to allow further discussion. Council requested that staff research the ability to receive the food to alcohol sales ratio report more than once a year and that a broader area of citizen notification of a request for an alcohol Special Use Permit be considered. Discussion continued regarding the site plan and feedback received regarding this proposed ordinance. Portions of an email from Ms. Cecilia Galbraith of the Barbara Gordon Montessori were read, which stated that the school has no objection to the issuance of the Special Use Permit at Town Center. Mayor Arp called for the vote. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: Councilman Newton Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1390 - Approval to rescind 0-93-915 and exempt a portion of the market value of resident homesteads of persons sixty-five years of age or older and disabled persons from ad-valorem taxes, rendered after the passage of this ordinance. 6 CITY COUNCIL MINUTES FEBRUARY 18, 2003 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1390. Mr. Jerome Davis, 1704 Avalon, spoke regarding business closings and economic development. Mr. Joe Deupree, 5101 Montclair, spoke in favor of the proposed ordinance, property values, funding city services and the contributions of senior citizens. Mr. Jim Moore, 1416 Glade Road, spoke regarding priorities of previous councils, a tax increase and funding city services. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt requested that the City Council pass a resolution, which supports a statewide vote to amend the Texas State Constitution to freeze all homestead tax exemptions for those 65 and older in the manner it is done for the school taxes. Councilman Hocutt also requested that staff organize a Town Hall meeting for all citizens, particularly senior citizens, to review options regarding an exemption for senior citizens and other issues related to senior citizens. Councilman Hocutt moved to table Ordinance 0-03-1390. Councilman Rice seconded the motion. Mayor Arp requested that invitations regarding the Town Hall meeting be sent to senior citizens. Discussion ensued regarding a discount on utility billing. Councilman Hocutt moved to suspend the rules to allow citizens to speak. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mr. Joe Deupree, 5101 Montclair, spoke regarding State House Bill 86. Mr. Ed Havran, 303 Oak Crest Drive, spoke in support of tabling the proposed ordinance and regarding State House Bill 86. 7 CITY COUNCIL MINUTES FEBRUARY 18, 2003 Mayor Pro Tem Tigue called the question. Mayor Arp did not accept calling the question to allow discussion to continue. Discussion continued regarding the proposed Town Hall meeting and a proposed resolution based on an inflation adjusted formula providing an exemption. The vote on the motion was as follows: Ayes: Councilpersons Hocutt, Rice, and Mayor Pro Tem Tigue Nays: Council persons Newton and Hendler Mayor Arp declared the motion carried. 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1391 - Zoning Change from AG to R20 on Lot 2, Weston Ward Addition located at 6412 Ponderosa Lane, Case Z-03-002 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1391. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding division of the property. 7. READING AND PUBLIC HEARING - Resolution R-03-2101 - Consideration of appointment to Historical Preservation Committee Mayor Arp opened the public hearing and read Resolution R-03-2101 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp asked all those in favor say aye, those opposed, say nay. Resolution R-03-2101 was passed by acclamation. Mayor Arp declared the motion carried. 8 CITY COUNCIL MINUTES FEBRUARY 18, 2003 8. READING AND PUBLIC HEARING - Resolution R-03-2102 - Approval to enter into a contract with The Library Corporation, for an Integrated Library System for the Colleyville Public Library, in an amount not to exceed $123,019 Mayor Arp opened the public hearing and read Resolution R-03-2102 in its entirety. Ms. Susan Barzelay, 4508 Alexandra, spoke in favor of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-03-21 02. Councilman Hocutt seconded the motion. Discussion ensued regarding the funding source for the Integrated Library System and development of the website use and security policy. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. TABLED ITEMS: CONSIDERATION OF 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 asked if anyone would like to remove this item from the table. Councilman Hocutt moved to remove Ordinance 0-03-1385 from the table. Councilman Newton seconded the motion. Councilman Rice provided the following statement: "I knew the developer, although I don't think we have personally met in the past. It turns out that I had a client who I represented a couple of years ago ended up filing a suit against this developer, and it was a default type judgment that we had not spoken on until after the judgment and only talked one time. It is sitting out there dormant and not doing anything and nobody is moving on it, but I felt that although it is not to preclude me, it doesn't have anything to do with this case. It didn't take place in Colleyville. It was for some materials on a 9 CITY COUNCIL MINUTES FEBRUARY 18, 2003 different business. In fact, I didn't realize Mr. Young's name was actually Curtis until we were talking on the phone a couple of weeks ago. I have known him as Dewayne, so I just wanted to disclose that to everybody and have that up front." Mayor Arp opened the public hearing. Ms. Ann Mooney, 404 Oak Valley Drive, spoke regarding property ownership and provided Council with a survey of the property. Mr. Jim Graham, 6616 McMakin Court, spoke in opposition to the proposed ordinance and regarding the property clean up and future inspections of the property, development of the property and Colleyville Boulevard and expressed appreciation to developers for their consideration of the homeowner's concerns. Mr. Dave Dudziak, 2301 Wilkes Court, spoke regarding the property clean up and in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. John Altman, 5485 Beltline Road, Dallas, Texas, developer, spoke regarding the proposed development and was present to answer questions of the Council. Mr. William Ingle, 421 Brazil, Hurst, Texas, leasing agent, spoke regarding the clientele and was present to answer questions of the Council. Mr. Dave Dudziak, President of the Ross Downs Homeowner's Association, spoke regarding the position of the Homeowner's Association. Councilman Newton moved to deny Ordinance 0-03-1385. Councilman Hendler seconded the motion. Discussion ensued regarding the proposed development and the future development of the property, speculative zoning changes and the affect of the future expansion of Highway 26 on the property. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10 CITY COUNCIL MINUTES FEBRUARY 18, 2003 City Manager Bill Lindley expressed appreciation to Mr. Hodges for addressing the concerns of neighbors regarding the clean up of the property. Mayor Arp recessed the meeting at 9:40 p.m. and reconvened at 9:55 p.m. 10. CONSIDERATION OF ORDINANCE 0-02-1382 - Approval to adopt an Ethics Code This item was not removed from the table. 11. STAFF REPORTS: MONTHLY FINANCIAL REPORT QUARTERLY FINANCIAL REPORT There was no action taken on this item. CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Jim Graham, 6616 McMakin Court, spoke regarding the commendations given to Mr. Hodges for the cleanup of his property. Mayor Arp explained that items on the agenda could not be discussed during this time. Mr. Ron Wade, 4514 Shadywood Lane, representing the Brook Meadows Lake Front Homeowner's Association, spoke regarding the development of the Colleyville Pathways and the East Little Bear Trail. ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 18, 2003 - Reading and Public Hearing - Resolution R-03-2103 This Resolution was not needed. 11 CITY COUNCIL MINUTES FEBRUARY 18, 2003 ADJOURNMENT: 14. ADJOURNMENT There being no further business before the City Council, Councilman Newton moved to adjourn. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Newton, and Mayor Pro Tem Tigue Nays: None Mayor Pro Tem Tigue declared the meeting adjourned at 10:30 p.m. APPROVED THIS ..s AYES, 4 M DAY OF L4fJ...;Le-L 2003, BY A VOTE OF o NAYS AND 0 ABSTENTIONS. M~~:;~ Cynthia Singleton, TRMC City Secretary 12