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.
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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.
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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.
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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.
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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.
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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.
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CITY COUNCIL MINUTES
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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.
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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.
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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.
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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
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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
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