HomeMy WebLinkAboutCity Council-Minutes-3/4/2003
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
MARCH 4, 2003
The Pre-Council meeting of the Colleyville City Council was called to order by Mayor
Arp on March 4, 2003, at 5:17 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, Director of Public Works
Keith Fisher, Community Development Director Barry LeBaron,
Interim Community Development Manager Clayton Husband, Fire
Chief Mike Johnston, Police Chief John Young, Public Works
Manager Kelly Howell, Records Manager Matt Denton,
Communications Manager Dixie Cawthorne, Administrative
Assistant Cindy Martin, and City Secretary Cynthia Singleton were
also present.
PC-1. Discussion of proposed ordinance for sanitary sewer repair
Ms. Martha Walker, 7109 Jo Will, spoke regarding the proposed ordinance for sanitary
sewer repair and the responsibility for repairs to sewer service pipes.
PC-2. Presentation of The Library Corporation's system and an overview of network
security
Communications Manager Dixie Cawthorne and Records Manager Matt Denton
provided an overview of The Library Corporation's system and network security.
PC- 3. Discussion of March 4, 2003 City Council regular agenda items
There was general discussion regarding the regular agenda items.
Mayor Arp adjourned the meeting adjourned at 6:25 p.m.
CITY COUNCIL MINUTES
MARCH 4, 2003
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on March 4, 2003, at 6:45 p.m.
ROLL CALL:
Council persons 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,
Public Works Director Keith Fisher, Finance Director Terry Leake,
Fire Chief Mike Johnston, Fire Marshall Jeff Jones, Public Works
Manager Kelly Howell, 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
Legal - Potential Litigation - Explorer Pipeline
Deliberations regarding economic development negotiations
- Town Center development
Sec. 551.071 -
Sec. 551 .087 -
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 7:40 p.m.
The invocation was given by Reverend Lloyd McCutchen of Pleasant Glade Assembly
of God, 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
Mayor Arp presented a Proclamation to Mr. Dennis Carpenter, American Red Cross
Board Member in recognition of Red Cross Month.
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MARCH 4, 2003
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-03-21 04 - Consent Items:
a. Approval of minutes of the regular City Council meeting of February 18,
2003
b. Approval of the Preliminary Plat of Emerald Park, 20.380 acres located on
the north side of L.D. Lockett Road, 555 feet east of Precinct Line Road,
Case P-03-004
Mayor Arp opened the public hearing and read Resolution R-03-2104 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Newton requested that Item b be removed from the Consent Resolution
and acted on separately.
Councilman Newton moved to approve Resolution R-03-21 04, with the exception of
item b.
Councilman Hocutt seconded the motion.
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 0-03-1391 -
Approval of a 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 plans for the property.
Ms. Lee, 6412 Ponderosa, applicant, was present to answer questions of the Council.
Councilman Newton moved to approve Ordinance 0-03-1391.
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The motion died for lack of a second.
Discussion continued regarding the division of the property and drainage issues in the
area.
Councilman Newton moved to approve Ordinance 0-03-1391
The motion died for lack of a second.
Mayor Pro Tem Tigue moved to deny Ordinance 0-03-1391.
The motion died for lack of a second.
Councilman Rice moved to table Ordinance 0-03-1391.
Councilman Newton seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1392 - Approval
of a Zoning Change from AG to R20, 0.955 acres located on the west side of
Pool Road in the 3400 block, Case Z-03-003
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1392.
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.
Councilman Newton requested that staff provide an aerial view of the area surrounding
the property.
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1393 - Approval
to set forth uniform requirements for users of the publicly owned treatment works
for the City of Colleyville enabling Colleyville to comply with all applicable state
and federal laws
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1393.
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There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1394 - Approval
of a Zoning Change from AG to PUD-R, 3.561 acres located at 404 W.
McDonwell School Road, Case Z -03-004
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1394.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mr. Eddie Eckart, 204 Virginia Square, representing the applicant, was present to
answer questions of the Council.
Barry LeBaron stated that the Planning and Zoning Commission met March 4, 2003, for
consideration of this case and reported that the Commission voted unanimously in favor
of the request.
Community Development Director Barry LeBaron provided a history of events leading
up to the proposed zoning change.
Discussion ensued regarding future development of the property, impact fees and water
and sanitary sewer provisions.
Ms. Linda Baker, 404 West McDonwell, was present to answer questions of the Council.
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1395 - Approval
to amend Section 2 of Ordinance 0-02-1360 relating to the Fiscal Year 2002-
2003 Budget for the construction of a traffic signal at the new Church Street and
Colleyville Boulevard intersection
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1395.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the timeline for construction, the activation of the light and
the funding source.
9. READING AND PUBLIC HEARING - Resolution R-03-2105 - Approval of a
waiver of perimeter street improvement requirements on Lots 1 and 2, Block 1,
Debrecht Addition, located at 304 W. Van Oaks Drive, Case P-03-003
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Mayor Arp opened the public hearing and read Resolution R-03-2105 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding the use of the perimeter street fees and future plans for
development of the property.
Mr. David DeBrecht, 304 W. Van Oaks Drive, applicant, was present to answer
questions of the Council.
Councilman Hocutt moved to deny Resolution R-03-21 05.
Councilman Newton seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
10. READING AND PUBLIC HEARING - Resolution R-03-2106 - Approval of an
Interlocal Agreement with the North Texas Regional Library System (NTRLS) for
the purpose of collection development and opening day collection services
inclusive of print materials, multimedia items, periodicals, leased books and
audiobooks and foreign language materials
Mayor Arp opened the public hearing and read Resolution R-03-2106 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 moved to approve Resolution R-03-21 06.
Councilman Hocutt seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
11. READING AND PUBLIC HEARING - Resolution R-03-2107 - Approval to urge
the federal and state legislative bodies to reauthorize the current level of funding
for Northeast Transportation Services and providing an effective date
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Mayor Arp opened the public hearing and read Resolution R-03-2107 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
City Manager Bill Lindley provided an overview of the Northeast Transportation Services
program and level of funding.
Councilman Newton moved to approve Resolution R-03-21 07.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
12. READING AND PUBLIC HEARING - Resolution R-03-2108 - Approval of the
establishment of the Colleyville Public Library
Mayor Arp opened the public hearing and read Resolution R-03-2108 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 moved to approve Resolution R-03-2108.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
13. READING AND PUBLIC HEARING - Resolution R-03-2109 - Approval to
support legislation providing support for House Bill 86 and for a statewide
election, to apply to all taxing entities that property tax and valuations are frozen
for those owners over the age of 65, as provided in Section 11 .26 of the state tax
code
Mayor Arp opened the public hearing and read Resolution R-03-2109 in its entirety.
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Mr. Joe Deupree, 5101 Montclair, spoke regarding the potential conflict of supporting
House Bill 86 and a statewide election, to apply to all taxing entities that property tax
and valuations are frozen for those owners over the age of 65.
Mr. Jim Hampton, 5804 Pleasant Run Road, spoke in favor of the proposed resolution.
City Manager Bill Lindley provided an overview of House Bill 86 and a statewide
election.
Mr. Joe Deupree, 5101 Montclair, recommended support of a statewide election if
House Bill 86 does not pass.
There were no others present wishing to speak concerning this item and Mayor Arp
closed the public hearing.
Councilman Rice stated additional information regarding a senior tax exemption is
available on the website www.freezetexasover-65homesteadtax.net/.
Mayor Arp invited all citizens to attend a worksession to be held on March 22, 2003,
from 9 a.m. until noon at the Colleyville Center regarding the senior citizen exemption
and senior citizen programs and services
Councilman Rice moved to approve Resolution R-03-2109 with the following
amendments: (a) change the caption to, A Resolution supporting legislation providing
support for HB86 and alternatively for a.. ...(b) Switch Section 1 and 2. (c) Section 1:
That the City of Colleyville strongly supports..... and (d) Section 2: That in the event that
House Bil/86, (attached as Exhibit '~') fails that the City of Colleyville.....
Councilman Hocutt seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
14. TABLED ITEM:
CONSIDERATION OF ORDINANCE 0-02-1382 - Approval to adopt an Ethics
Code
Councilman Newton moved to remove this item from the table.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
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Mayor Arp declared the motion carried.
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 ordinance.
Discussion ensued regarding the appointment process for the Ethics Commission and
other Boards, Committees and Commissions.
Councilman Newton moved to approve Ordinance 0-02-1382 with the following
changes: Section 3.4, remove the word "for themselves" in the first sentence.
Councilman Hendler seconded the motion.
There was general consensus to take a break to allow copies of Councilman Newton's
proposed changes to Ordinance 0-02-1382 to be distributed to Council.
Mayor Arp recessed the meeting at 9:50 p.m. and reconvened at 10:07 p.m.
Councilman Hendler clarified that he was seconding a motion to keep the item on the
table.
Councilman Newton moved to approve Ordinance 0-02-1382 with the following
changes: Section 3.4 - remove the words "for themselves" in the first sentence. Section
3.13 - replace the section with "City Officials shall disclose any direct, indirect or
business interest with an effected person or in effected real property held by the person
or their immediate family members when the official has the power to exercise any
judgment in a decision or action on any such matter". Section 5.2 - remove the word
"and confirmation" in the first sentence. Strike everything after the second sentence.
Section 5.3 - In the first sentence remove the phrase "regardless of whether or not the
member of the City Council who nominated them completes their term of office".
Section 5.4 - In the last sentence remove the words "and by confirmation by the City
Council using the same procedures set forth in section 5.2". Section 5.7 - Replace the
word "Four" with the word "Five". Section 6.1 - Remove the second sentence
"Speculative or advisory opinions shall not be requested", Section 6.3 - Strike this
entire section. Section 7.1 - Replace the second word in the first sentence with
"resident of the city, or any person doing business with the city or any person that has
legitimately responded to a city advertisement soliciting responses to do business with
the city". Section 7.2 - Add after the first sentence "Any complaint files with the Ethics
Commission shall be considered a governmental record. Any statement made, being a
representation of fact, shall be made under oath and the City Secretary shall, in writing,
advise the person filing the complaint, the person charged in the complaint, and any
person submitting a written statement, that falsely accuses someone of a violation of
this ordinance may result in criminal prosecution of anyone who knowingly makes a
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false accusation". Section 7.3 (d) - Replace the words "membership present" with
"Commission". Section 7.6 (b) - Replace the phrase "accept, reject or modify the
recommended sanction or penalty" with "accept or reject the recommended sanction or
penalty" .
Councilman Hendler seconded the motion.
Discussion continued regarding the selection process for the Ethics Commission and
the proposed changes by Councilman Newton.
Mayor Arp stated that in consideration of the applicant and citizens, Council would take
action on the consent item that was removed from consent and moved to the ending
resolution.
Councilman Newton objected to this action.
Ayes: Councilpersons Hocutt, Rice, and Mayor Pro Tem Tigue
Nays: Council person Hendler and Newton
Mayor Arp declared the motion carried and Council would consider Item 17 at this time.
Discussion continued regarding Councilman Newton's proposed changes to the
proposed ordinance.
Mayor Arp recessed the meeting at 11 :50 a.m. and reconvened at 11 :55 p.m.
Councilman Hocutt called the question.
Ayes: Councilpersons Hendler and Newton
Nays: Councilperson Hocutt, Rice and Mayor Pro Tem Tigue
Mayor Arp declared the motion denied.
Discussion continued regarding Councilman Newton's proposed changes to the
proposed ordinance.
Councilman Hocutt moved to suspend the rules to continue the meeting after midnight.
Councilman Newton seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
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Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1382 with the following
amendments: Section 3.4 No city official...... value from any person.... Section 3.14
becomes Section 3.14. Insert a new Section 3.14, City officials shall disclose an offer
of any business opportunity to the official or their immediate family member by an
effected entity. Section 5.3 The term of office of the members..... ..taxes, utilities, and
not a party. Section 7.2 The complaint shall be.. ...The complaint shall be delivered
within three (3) business..... Section 7.3d The affirmative vote of a majority of the
Commission at any..... Section 7.6b In the event the violator..... .shall either accept,
reject or reduce the recommended sanction or penalty.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Newton and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared motion carried.
15. REPORTS:
COLLEYVILLE CENTER ADVISORY COMMITTEE - November 4, 2002
COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES -
November 11, 2002
COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES -
November 20,2002
COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES -
December 3, 2002
COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES -
December 9,2002
COLLEYVILLE CENTER ANNIVERSARY SUBCOMMITTEE MINUTES -
January 6,2003
COLLEYVILLE LIBRARY BOARD MINUTES - January 13, 2003
There was no action taken on this item.
CITIZEN COMMENTS:
16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak.
ACTION/RESOLUTION:
17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 4, 2003 -
Reading and Public Hearing - Resolution R-03-211 0
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Mayor Arp read Resolution R-03-2110, the ending resolution for consent item b, in its
entirety and opened the public hearing.
There was no one wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Discussion ensued regarding the developer, density of the development and open
space.
Mayor Pro Tem Tigue moved to approve R-03-211 O.
The motion died for lack of a second.
Councilman Hocutt moved to table Resolution R-03-211 O.
Councilman Hendler seconded the motion.
Councilman Hocutt withdrew the motion to table Resolution R-03-211 O.
Councilman Hendler accepted the motion to withdraw.
Councilman Hocutt moved to deny Resolution R-03-211 0 without prejudice.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue
Nays: Councilman Newton
Mayor Arp declared the motion carried.
ADJOURNMENT:
18. ADJOURNMENT
There being no further business before the City Council, Councilman Newton
moved to adjourn.
Councilman Hendler 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 1 :05 a.m.
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APPROVED THIS /J'>>S DAY OF 7Y)~ 2003, BY A VOTE OF
.5 AYES, 0 NAYS AND 0 ABSTENTIONS.
Minutes taken and prepared by:
0~~~
Cynthia Singleton, TRMC
City Secretary
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