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HomeMy WebLinkAboutCity Council-Minutes-4/1/2003 MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING APRIL 1, 2003 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Arp on April 1 ,2003, at 5:45 p.m. ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Finance Director Terry Leake, Director of Public Works Keith Fisher, Fire Chief Mike Johnston, Police Chief John Young, Financial Analyst Collin Boothe, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. PC- 1. Discussion of April 1, 2003 City Council regular agenda items There was general discussion regarding the regular agenda items. Mayor Arp adjourned the meeting at 6:00 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on April 1 ,2003, at 7:10 p.m. 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 Legal - Jo Ann Johns lawsuit Deliberations regarding economic development negotiations - Town Center development Sec. 551.071 - Sec. 551.071 - Sec. 551 .087 - CITY COUNCIL MINUTES APRIL 1,2003 ROLL CALL: Councilpersons Joe Hocutt, Brad Rice, Rich Hendler and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Public Works Director Keith Fisher, Finance Director Terry Leake, Fire Chief Mike Johnston, Fire Marshall Jeff Jones, Colleyville Center Manager Lin Przybyl, Public Works Manager Kelly Howell, Engineer Chad Bartee, Senior Planner Tom Niederauer, Records Manager Matt Denton, Financial Analyst Collin Boothe, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 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 7:12 p.m. and reconvened at 7:42 p.m. The invocation was given by Dr. Foster Carter of Colleyville Christian Fellowship Church, after which Ross Foster led the Pledge of Allegiance. 2. READING AND PUBLIC HEARING - Resolution R-03-2113 - Appointment of Councilperson to Place 4 Mayor Arp read Resolution R-03-2113 in its entirety and opened the public hearing. There was no one present wishing to speak and Mayor Arp closed the public hearing. Councilman Hendler nominated Jim Moore. There were no other nominations and Mayor Arp called for the vote. Ayes: Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 3. SWEARING IN OF NEW COUNCILPERSON City Secretary administered the Oath of Office to Councilman Jim Moore. 2 CITY COUNCIL MINUTES APRIL 1,2003 4. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp presented a Proclamation, in recognition of Child Abuse Awareness Month, to Natasha Cole, Casework Supervisor and Mike Collins, Board Member for Child Advocates of Tarrant County, Inc. Mayor Arp presented a plaque to Richard Newton in appreciation of service as Councilman, Place 4. CONSENT: 5. READING AND PUBLIC HEARING - Resolution R-03-2122- Consent Items: a. Approval of minutes of the regular City Council meeting of March 18, 2003 b. Approval of minutes of the City Council Worksession of March 5, 2003 c. Approval of minutes of the City Council and Tax Increment Financing District Board of Directors' Worksession of March 20, 2003 d. Approval of the Local Historical Marker Application for the Fire Station/City Hall e. Approval to amend the contract with Leach & Ames, Attorneys-At-Law, P.C., for Municipal Judge services f. Approval of an amendment to Section 2.3 and the addition of Section 6.4 of the Interlocal Agreement with the cities of Bedford, Euless, Grapevine and Keller to allow the City of South lake to become the sixth member of the Trunk Radio System and to provide for the payment of associated infrastructure expenses g. Approval to enter into a Mass Care Shelter Agreement with the American Red Cross for use of the Colleyville Center for shelter of victims during disasters Mayor Arp opened the public hearing and read Resolution R-03-2122 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice requested that Item e be removed and passed on to allow Council an opportunity to interview Steven Brewer, who will act as Judge in the absence of Judges Ames and Leach. 3 CITY COUNCIL MINUTES APRIL 1,2003 Judge Jim Ames spoke regarding the qualifications of Steven Brewer and the reasons for the request for an additional judge. There was discussion regarding the location of the historical marker for the Fire Station/City Hall. Mr. Joe Deupree spoke regarding the location of the historical marker. Mayor Pro Tem Tigue moved to approve Resolution R-03-2122, with the amendment to remove and pass on Item e. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1396 - Approval to amend 0-76-220 and Section 2.1.3 of the Water and Sewer Policy and Procedures Manual Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1396. Ms. Martha Walker, 7109 Jo Will Street, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Ordinance 0-03-1396. Councilman Moore seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1397 - Approval of a Special Use Permit for an accessory building on 10.272 acres located at 816 L.D. Lockett Road, Case Z-03-007 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1397. 4 CITY COUNCIL MINUTES APRIL 1,2003 Ms. Lorraine Gohr, 809 W. Lavaca Trail, spoke 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. Marty Stajduhar, 101 Williamsburg Court, applicant, was present to answer question of the Council. Fire Chief Mike Johnston spoke regarding the exemption for an automatic fire sprinkle system in the facility. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1398 - Approval of an amendment to Chapter 6, Article II, Section 6-34. Records of the Colleyville Code of Ordinances regarding the requirement to establish quarterly reporting of alcohol and non-alcohol sales ratios, Case G-03-005 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1398. There was no present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice requested that the following language be added to Section 1 a, after the word basis in the third line: with the quarters ending March 31, June 30, September 30, and December 31. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1399 - Approval of an amendment to Chapter 1, Section 1.18.B.4.b, of the Land Development Code to expand the property owner notification for alcohol related SUP requests, Case Z -03-009 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1399. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1400 - Approval to amend the existing electric franchise between the City and Oncor Electric Delivery Company, to provide for a different consideration Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1400. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 5 CITY COUNCIL MINUTES APRIL 1,2003 Financial Analyst Collin Boothe provided an overview of the amendment to the existing electric franchise between the City and Oncor Electric Delivery Company. Mr. Rick Vaughn, Oncor representative, 200 N. Ector, Euless, was present to answer questions of the Council. Discussions ensued regarding discretionary charges. 11. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1401 - Approval to amend the existing gas franchise between the City and TXU Gas Company, to provide for a different consideration and to authorize the lease of facilities within the City's Rights-of-Way Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1401 . There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. 12. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1402 - Amending Ordinance 0-02-1324 and approving the amended Tax Increment Financing (TIF) District Project Plan, Exhibit "A", attachment 3 Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1402. There was no present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice provided an overview of the amended Tax Increment Financing District Project Plan. City Manager Bill Lindley provided a history of the Tax Increment Financing District. Finance Director Terry Leake provided an overview of the overall Tax Increment Financing District. Mr. Charles Hodges was present to answer questions of the Council. Council requested that Mr. Charles Hodges of Melvin & Martindale, Ltd., attend the April 15, 2003, Council meeting and provide an update of the Town Center development. City Manager Bill Lindley outlined the differences between the Village at Colleyville and Town Center Development Tax Increment Financing District project plan. 6 CITY COUNCIL MINUTES APRIL 1,2003 13. READING AND PUBLIC HEARING - Resolution R-03-2123 - Consideration of appointment to the Planning and Zoning Commission Mayor Arp opened the public hearing and read Resolution R-03-2123 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt nominated Bob Culley. There were no other nominations and Mayor Arp called for the vote. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-03-2124 - Approval of a waiver of perimeter street improvement requirements on Lot 3R, Block 2, Thompson Terrace, located at 5009 Thompson Terrace, Case P-02-045 Mayor Arp opened the public hearing and read Resolution R-03-2124 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 deny Resolution R-03-2124. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-03-2125 - Approval of the Final Plat of Remington Park Addition Phase Four, 22.498 acres located between Remington Parkway and Lavaca Trail, Case P-03-006 Mayor Arp opened the public hearing and read Resolution R-03-2125 in its entirety. Mr. Larry Cole, 6420 Remington Parkway, applicant, was present to answer questions of the Council. 7 CITY COUNCIL MINUTES APRIL 1,2003 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-03-2125. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 16. READING AND PUBLIC HEARING - Resolution R-03-2126 - Approval of City Hall and Library construction Change Order 5 and 6 with Ratcliff Constructors, Inc., in the amount of $33,920 Mayor Arp opened the public hearing and read Resolution R-03-2126 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Moore moved to approve Resolution R-03-212.6 Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-03-2127 - Approval of an Agreement with David Hickman for the design/concept/specialized studio fabrication, copper maquette, transportation and installation of the Colleyville City Hall and Public Library sculpture, in the amount of $131,500 Mayor Arp opened the public hearing and read Resolution R-03-2127 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hocutt moved to approve Resolution R-03-2127. Mayor Pro Tem Tigue seconded the motion. 8 CITY COUNCIL MINUTES APRIL 1,2003 Ayes: Council persons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. TABLED ITEMS: 18. CONSIDERATION OF ORDINANCE 0-02-1341 - Approval to amend Ordinance 0-96-1052 PUD-R (Planned Unit Development-Residential), requested by Doug Henderson for State park Colleyville, Ltd., for Spring Garden Addition, located at the northeast corner of Cheek Sparger Road and Jackson Road, Case Z -02-012 Councilman Rice moved to remove this item from the table. Councilman Hocutt seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mayor Arp read the caption of Ordinance 0-02-1341 and opened the public hearing. Mr. Skip Mattson, 3967 Holiday Lane, spoke regarding the developer, the condition of the development and pending legal action. Mr. Bill Robertson, 3961 Holiday Drive, spoke in opposition to the proposed ordinance and the condition of the property. Mr. David Wheaton, 3979 Witten Drive, spoke in opposition to the proposed ordinance and requested information related to the enforcement of zoning. There were no others present wishing to speak and Mayor Arp closed the public hearing. Councilman Rice moved to deny Ordinance 0-02-1341. Councilman Moore seconded the motion. City Manager Bill Lindley provided a chronicle of the actions taken by the City related to the development. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9 CITY COUNCIL MINUTES APRIL 1, 2003 19. CONSIDERATION OF ORDINANCE 0-03-1390 - Approval to rescind 0-93-915 and exempt a portion of the market value of resident homesteads of person sixty- five years of age or older and disabled persons from ad-valorem taxes, rendered after the passage of this ordinance Councilman Rice moved to remove this item from the table. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mr. Richard Newton, 6107 Lansford Lane, spoke in favor of the proposed Ordinance. Mr. Joe Deupree, 5101 Montclair, spoke in favor of the proposed ordinance. Discussion ensued regarding the information received at the March 22, 2003, Council Worksession regarding the exemption for persons over 65 and the disabled. Councilman Rice moved to approve Ordinance 0-03-1390, with the amendment to increase the exemption of persons sixty-five years of age or older from $60,000 to $65,000. Councilman Hendler seconded the motion. Mayor Pro Tem Tigue made a friendly amendment to increase the tax exemption for the disabled to $65,000. Councilpersons Rice and Hendler accepted the friendly amendment. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 20. CONSIDERATION OF 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 Councilman Rice moved to remove this item from the table. Councilman Moore seconded the motion. 10 CITY COUNCIL MINUTES APRIL 1,2003 Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. Mr. Jonathan Lee, 6412 Ponderosa, applicant, was present to answer questions of the Council. Discussion ensued regarding fees associated with rezoning. Councilman Hocutt moved to table Ordinance 0-03-1391. Councilman Rice seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wising to speak. ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 1, 2003 - Reading and Public Hearing - Resolution R-03-2128 This item was not needed. ADJOURNMENT: 23. ADJOURNMENT There being no further business before the City Council, Councilman Moore moved to adjourn. Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue Nays: None 11 CITY COUNCIL MINUTES APRIL 1,2003 Mayor Arp declared the meeting adjourned at 10:15 p.m. APPROVED THIS /6>>) DAY OF ~'L~ 2003, BY A VOTE OF __5 AYES, 0 NAYS AND D ABSTENTIONS. Minutes taken and. prepa~ed by: / IJ I}~ ~~_ ~ ~.l C>--;,_) '--/1 '( ,~ -. Cynthia Singleton, TR City Secretary 12