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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. 2 CITY COUNCIL MINUTES 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. 3 CITY COUNCIL MINUTES MARCH 4, 2003 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. 4 CITY COUNCIL MINUTES MARCH 4, 2003 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 5 CITY COUNCIL MINUTES MARCH 4, 2003 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 6 CITY COUNCIL MINUTES MARCH 4, 2003 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. 7 CITY COUNCIL MINUTES MARCH 4, 2003 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 8 CITY COUNCIL MINUTES MARCH 4, 2003 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 9 CITY COUNCIL MINUTES MARCH 4, 2003 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. 10 CITY COUNCIL MINUTES MARCH 4, 2003 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 11 CITY COUNCIL MINUTES MARCH 4, 2003 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. 12 CITY COUNCIL MINUTES MARCH 4, 2003 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 13