HomeMy WebLinkAboutCity Council-Minutes-4/15/2003
MINUTES OF THE
COLLEYVILLE CITY COUNCIL
APRIL 15, 2003
The Pre-Council meeting of the Colleyville City Council was called to order by Mayor
Arp on April 15, 2003, at 5:15 p.m.
ROLL CALL:
Councilpersons Joe Hocutt, Brad Rice and Jim Moore were
present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City
Manager Dianne McWethy, Finance Director Terry Leake, Director
of Public Works Keith Fisher, Planner Tom Niederauer, Community
Development Director Barry LeBaron, Community Development
Manager Clayton Husband, Parks and Recreation Manager Monica
Walsh, Financial Analyst Collin Boothe, Records Manager Matt
Denton, Administrative Assistant Cindy Martin, and City Secretary
Cynthia Singleton were also present.
Mayor Pro Tem Ginny Tigue arrived at 5:18 p.m.
Councilman Rich Hendler arrived at 5:20 p.m.
PC-1, Discussion of proposed amendments to sign regulations
Community Development Director Barry LeBaron provided an overview of the Proposed
amendments to sign regulations and composition and structure of the Sign Board of
Appeals.
PC- 2. Discussion of April 15, 2003 City Council regular agenda items
There was general discussion regarding the regular agenda items.
Mayor Arp declared the meeting adjourned at 6:08 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Arp on
April 15, 2003, at 6:45 p.m.
CITY COUNCIL MINUTES
APRIL 15, 2003
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Legal - Potential Litigation - Explorer Pipeline
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 6:47p.m. and reconvened at 7:50 p.m.
The invocation was given by Pastor Royal Farris of Life Connection Church, 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
Mr. Joe Tigue expressed gratitude to Mayor Arp for serving as Mayor and presented her
with a bouquet of roses.
Councilman Rice expressed appreciation to the citizens for participating in the Arbor
Day and Colleyville Trash Off event.
Councilman Rice expressed gratitude to Mayor Arp for serving as Mayor and
encouraged citizens to vote in the General and Special Election.
Mayor Arp presented a Proclamation to Chamber President Ret Stansberger in
recognition of Texas Families for Freedom, a military support group, which provides
donations to overseas military personnel and recognized Lee Ann Osterman, who
established the organization.
Mayor Arp presented a Proclamation in recognition of Child Abuse Prevention Month to
Dorotha Tilley, Center Coordinator for Alliance for Children.
Mayor Arp presented a Proclamation to Eagle Scout Christopher Daniel McNosky and
introduced Scoutmaster Bruce Ferrell.
Mayor Arp presented a Proclamation to Betty Jean Willbanks, Metropolitan United Way
City of Colleyville Volunteer of the Year.
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APRIL 15, 2003
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-03-2129- Consent Items:
a. Approval of minutes of the regular City Council meeting of April 1, 2003
b. Approval of minutes of the City Council Worksession of March 22, 2003
c. Approval of minutes of the City Council and SH26 Advisory Committee
Worksession of March 26, 2003
d. Approval to amend the contract with Leach & Ames, Attorneys at Law,
P.C. for Municipal Judge services
e. Approval of an Interlocal Agreement with the State of Texas for
participation in Failure to Appear Program
Mayor Arp opened the public hearing and read Resolution R-03-2129 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-03-2129.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
PUBLIC HEARINGS:
4. SECOND 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 LD. Lockett Road, Case Z-03-007
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1397.
There was no one 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
questions of the Council.
Councilman Moore moved to approve Ordinance 0-03-1397 with the provision to
remove 1 d.
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APRIL 15, 2003
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.
5. SECOND 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 one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Discussion ensued regarding reporting periods and permitting process.
Councilman Hocutt moved to approve Ordinance 0-03-1398 with the following
amendment: Add to 1 a: During the first year of any license for on-premises alcoholic
beverage consumption issued to a new license-holder... In the event that no violation
occurs during the first year, then the business will only be required to report on an
annual basis, thereafter. Add to 1 g: In the event the City Manager finds a violation,
then the business will be required to comply with Section 1.a for the succeeding twelve
months.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
6. SECOND 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.
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Councilman Hocutt moved to approve Ordinance 0-03-1399.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
7. SECOND 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.
Financial Analyst Collin Boothe provided an overview of the proposed amendment to
the existing franchise between the City and Oncor Electric Delivery company.
Mr. Rick Johnson of Oncor was present to answer questions of the Council.
Councilman Hocutt moved to table Ordinance 0-03-1400.
Councilman Rice seconded the motion.
Discussion ensued regarding the proposed amendment and potential for future
amendments.
Councilman Moore called the question.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
8. SECOND 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.
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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 Ordinance 0-03-1401.
Councilman Moore seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
9. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1402 -
Amending Ordinance 0-02-1324 and approving the amended Tax Increment
Financing (TIF) District Tax Project Plan, Exhibit "A", attachment 3
Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1402.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mr. Jim Sabonis, First Southwest Financial, was present to answer questions of the
Council.
Finance Director Terry Leake provided an outline of the amendments to the TIF Project
Plan.
Discussion ensued regarding the establishment, status and value of the Tax Increment
Financing District.
Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1402.
Councilman Hocutt seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
10. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1403 - Approval
of Amendments to Chapter 14 of the Land Development Code regarding
drainage, fire lane, construction plans and other engineering requirements, Case
G-03-006
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Mayor Arp opened the public hearing and read the caption of Ordinance 0-03-1403.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
11. READING AND PUBLIC HEARING - Resolution R-03-2130 - Consideration of
appointment to the Library Board
Mayor Arp opened the public hearing and read Resolution R-03-2130 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Hocutt nominated Nancy Etchyson.
There were no other nominations and Mayor Arp called for the vote.
Council requested that staff advertise the open alternate position in June, which was
created as a result of Ms. Etchyson's appointment.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
12. READING AND PUBLIC HEARING - Resolution R-03-2131- Consideration of
appointments to the Celebrate Coileyville Steering Committee
Mayor Arp opened the public hearing and read Resolution R-03-2131 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Hocutt nominated Marcus Miller.
There were no other nominations for this position 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.
Councilman Rice nominated Dezann Korbuly.
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CITY COUNCIL MINUTES
APRIL 15, 2003
Councilman Moore nominated Linda Newton.
There were no other nominations and Mayor Arp called for the vote.
Dezann Korbuly:
Linda Newton:
Councilpersons Hocutt, Rice, Hendler and Mayor Pro Tem Tigue
Councilman Moore
Mayor Arp declared Ms Dezann Korbuly appointed to the Celebrate Colleyville Steering
Committee.
Councilman Hendler nominated Linda Newton.
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.
13. READING AND PUBLIC HEARING - Resolution R-03-2132 - Approval of the
City Developer Agreement with Tommy Cunningham for the Sparger-Felps
Addition
Mayor Arp opened the public hearing and read Resolution R-03-2132 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-03-2132.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Moore and Mayor Pro Tem Tigue
Nays: Councilman Hendler
Mayor Arp declared the motion carried.
14. READING AND PUBLIC HEARING - Resolution R-03-2133 - Approval of the
award of a contract with O'Donnell's Landscape Services, Inc., for the Grounds
Maintenance Contract Mowing, Bid No. GMCM 1-03, in the amount of
$136,891.00
Mayor Arp opened the public hearing and read Resolution R-03-2133 in its entirety.
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There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Hocutt commended Parks Supervisor Tim Hightshoe for restructuring the
contract and and reducing the cost of the contract by over $100,000.
Mayor Pro Tem Tigue moved to approve Resolution R-03-2133.
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-03-2134 - Approval of the
award of a contract with O'Donnell's Landscape Services, Inc., for the
Horticulture Grounds Maintenance Contract, Bid No. HGMC 2-03, in the amount
of $117,587.44
Mayor Arp opened the public hearing and read Resolution R-03-2134 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-03-2134.
Councilman Moore seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
Councilman Hocutt commended staff for the maintenance and condition of the fields.
16. READING AND PUBLIC HEARING - Resolution R-03-2135 - Approval of a
Construction Contract with Municipal Utilities for L.D. Lockett Drainage Project, in
the amount of $230,757.00
Mayor Arp opened the public hearing and read Resolution R-03-2135 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
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Councilman Moore moved to approve Resolution R-03-2135.
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.
17. READING AND PUBLIC HEARING - Resolution R-03-2136 - Approval of an
Agreement with Richmond Communications Group for the installation of voice
and data cabling in the City Hall and Library, in the amount of $74,800
Mayor Arp opened the public hearing and read Resolution R-03-2136 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Financial Analyst Collin Boothe provided an overview of the voice and data cabling in
the City Hall and Library.
Councilman Moore moved to approve Resolution R-03-2136.
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.
18. READING AND PUBLIC HEARING - Resolution R-03-2137 - Approval of a Tax
Increment Financing Agreement for Redevelopment Site No.2 between the City
of Colleyville and Melvin & Martindale, LTD., (Town Center Development)
Mayor Arp opened the public hearing and read Resolution R-03-2137 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Community Development Director Barry LeBaron provided an overview of the Town
Center Development.
Finance Director Terry Leake provided an overview of the Tax Increment Financing
District Agreement for Redevelopment Site NO.2. and projected property income.
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Discussion ensued regarding maintenance and landscaping of Church Street,
decorative street lights and maintenance of ponds.
Mr. Charles Hodges, 13642 Omega, Dallas, Melvin & Martindale, LTD., provided an
overview of the Town Center development.
Mr. Jim Sabonis, First Southwest Financial, provided an overview of the financial health
of the Town Center development as it relates to the Tax Increment Financing District.
Discussion ensued regarding responsibility for injuries sustained on public trails and the
first right of refusal.
Councilman Rice moved to approve Resolution R-03-2137 with the following
amendment: Add Section 2: That this Resolution shall be conditioned on passage and
acceptance of Resolution R-03-2138 by Melvin & Martindale, LTD.
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.
19. READING AND PUBLIC HEARING - Resolution R-03-2138 - Approval of an
Agreement between the City of Colleyville and Melvin & Martindale, LTD., (Town
Center Development)
Mayor Arp opened the public hearing and read Resolution R-03-2138 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-03-2138.
Councilman Rice seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
20. READING AND PUBLIC HEARING - Resolution R-03-2139 - Approval of an
Agreement with 3M Company for a Theft Detection and Collection Management
System for the Colleyville Public Library, in an amount not to exceed $81,441.00
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APRIL 15, 2003
Council considered this item in Number 19 position.
Mayor Arp opened the public hearing and read Resolution R-03-2139 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-03-2139.
Councilman Hocutt seconded the motion.
Ayes: Councilpersons Hocutt, Rice, Hendler, Moore and Mayor Pro Tem Tigue
Nays: None
Mayor Arp declared the motion carried.
21. READING AND PUBLIC HEARING - Resolution R-03-2124 - Reconsideration
of City Council action taken on a request for a waiver of perimeter street
improvement requirements on Lot 3R, Block 2, Thompson Terraces, located at
5009 Thompson Terrace
Council considered this item in Number 18 position.
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.
Mr. Jonathan Richard, 201 Rochell Court, applicant, was present to answer questions of
the Council.
Discussion ensued regarding perimeter street fees and the future development of the
area.
Councilman Hendler moved to approve Resolution R-03-2124 with the amendment to
reduce the street perimeter fee to $12,150.
The motion died for lack of a second.
Discussion continued regarding fees.
Mayor Arp recessed the meeting at 10:15 p.m. and reconvened at 10:40 p.m.
Discussion continued regarding the street perimeter fees.
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Councilman Hocutt moved to deny Resolution R-03-2124.
Councilman Moore seconded the motion.
Councilpersons Hocutt and Moore withdrew the motion and second.
Councilman Hocutt moved to table Resolution R-03-2124.
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.
TABLED ITEMS:
22. 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
The applicant requested that this item be withdrawn.
23. STAFF REPORTS:
MONTHLY FINANCIAL REPORT
QUARTERLY INVESTMENT REPORT
There was no action taken on this item.
CITIZEN COMMENTS:
24. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak.
ACTION/RESOLUTION:
25. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 15, 2003 -
Reading and Public Hearing - Resolution R-03-2140
This item was not needed.
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ADJOURNMENT:
26. 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
Mayor Arp declared the meeting adjourned at 12:15 a.m.
APPROVED THIS 6th DAY OF MAY 2003, BY A VOTE OF 5 AYES, 0 NAYS AND 0
ABSTENTIONS.
Minutes taken and prepared by:
~~~C~
City Secretary
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