HomeMy WebLinkAboutCity Council-Minutes-7/17/2007100 Main Street
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City Council
Tuesday, July 17, 2007 CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
CALL TO ORDER -ROLL CALL
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of selecting tentative dates to meet with the GCISD Board of
Trustees, Colleyville Area Chamber of Commerce, Parks and
Recreation Advisory Board and the Planning and Zoning Commission
PC-2 Update of the status of construction projects, associated rain days and
discussion on water conservation
PC-3 Update of the status of the SH26 Reconstruction Project
PC-4 Presentation of the Monthly Financial Report -June 2007
PC-5 Presentation of the Quarterly Budget Update
PC-6 Discussion and nomination of the Regional Transportation Council
(RTC) representative
PC-7 Discussion of the July 17, 2007, City Council regular agenda items
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues
Raised by Public Hearing or Action Items on the Agenda
Sec. 551.071 -Legal -Discussion of pending litigation -Village
Monticello Partners, Ltd. v. City of Colleyville
Sec. 551.071- Legal -Discussion of pending litigation -Texas
Propane Gas Association, and Henderson Butane, L.P., d/b/al
Henderson Oil & Butane v. City of Colleyville
City of Colleyville Page 1 Printed on 7/13/2007
City Council Agenda July 17, 2007
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange
or value of real property
Sec. 551.074 - Personnel - Deliberate the assignment, duties,
performance and evaluation of the City Manager
Sec. 551.074 - Personnel - Deliberate the assignment, duties,
performance and evaluation of the City Attorney
Sec. 551.087 - Economic Development -Discuss and deliberate
commercial and financial information received from business
prospects the City seeks to have locate, stay or expand within the
City
RESUME REGULAR MEETING
CALL TO ORDER -ROLL CALL
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-07-2856
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2857
4a Approval of the minutes of the regular City Council meeting of July 10,
2007
4b Approval of a construction contract with C. Green Scaping, LP, for the
2007 Sidewalk Improvements, in the amount of $34,855.00, and
authorize the City Manager to execute the contract
4c Approval of bid award for health insurance to United Health Care and
dental insurance to Ameritas
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City Council Agenda July 17, 2007
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-07-1625 Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the
Woodbriar Estates West Addition located at 3717 Brentwood Court,
Case Z-07-017
5b 0-07-1626 Approval of a request for a zoning change from R20-Single Family
Residential to R40-Single Family Residential on 1.86 acres out of the
O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-07-2858 Approval of a Refund of the perimeter street fees for Lot 2, Block A of
the Hampton Addition located at 2301 Glade Road, G-07-012
6b R-07-2859 Approval to amend and replace Resolution R-06-2721, adopting Rules
of Procedure for Council meetings pursuant to the authority granted in
Section 3.096 of the City Charter and establishing an effective date
6c R-07-2860 Approval to suspend the proposal by Atmos Energy Corporation,
Mid-Tex Division to implement interim Gas Reliability Infrastructure
Program rate adjustments
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
Senior Center Advisory Committee Minutes -May 17, 2007
Planning and Zoning Commission Minutes -June 11, 2007
Planning and Zoning Commission Minutes -June 25, 2007
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 17, 2007 -
Reading and Public Hearing -Resolution R-07-2861
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July
13, 2007, by 5:00 p.m.
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City Council Agenda July 17, 2007
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Cynthia Singleton, TRMC, C C
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened for public
comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 4 Printed on 7/13/2007
~~~ ~ ~ _ City of C o I I eyv i I I e Colleyville aTexas 76034
~ (817) 503-1000
City Council Minutes www.colleyville.com
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City Council
Tuesday, July 17, 2007
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly at 5:34 p.m. on July 17, 2007.
ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich
Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were
present. Mayor David Kelly, City Manager Bill Lindley, Police Chief
Tommy Ingram, Fire Chief Mike Johnston, Public Works Director
Steve Chutchian, Finance Director Terry Leake, Community
Development Director Chris Fuller, Budget and Administrative
Services Manager Stephen Seidel, Management Assistant Matt
McCombs, Parks and Recreation Director Monica Walsh, Audio
Visual Technician Les Earwood, City Attorney Matthew Boyle and
City Secretary Cynthia Singleton were also present.
PC-1 Discussion of selecting tentative dates to meet with the GCISD Board of
Trustees, Colleyville Area Chamber of Commerce, Parks and Recreation
Advisory Board and the Planning and Zoning Commission
The City Council determined a meeting with the Planning and Zoning
Commission will be scheduled October 11, 2007, Mayor Kelly will contact
the Grapevine-Colleyville Independent School District Board President
regarding the Board's desire for a meeting with the City Council and
meetings will not be scheduled at this time with the Colleyville Area
Chamber of Commerce or the Parks and Recreation Advisory Board.
PC-2 Update of the status of construction projects, associated rain days and
discussion on water conservation
Public Works Director Steve Chutchian provided an update of the
construction projects and water conservation program and answered
questions of the City Council.
Parks and Recreation Director Monica Walsh provided an update of the
McPherson Park Construction Project.
City Manager Bill Lindley stated staff will conduct tours of the
construction sites at the request of City Council.
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City Council City Council Minutes July 17, 2007
There was general discussion regarding the requirements for and
enforcement of rain and freeze sensors on water sprinkler systems.
PC-3 Update of the status of the SH26 Reconstruction Project
Public Works Director Steve Chutchian provided an update of the SH26
Reconstruction Project and the joint meeting schedule of TXDOT
officials, Tarrant County representatives, utility company representatives
and area city representatives.
There was general discussion regarding the timeline of the construction
project and right-of-way acquisition, the hardscape and softscape
elements and cost of the project.
PC-4 Presentation of the Monthly Financial Report -June 2007
Finance Director Terry Leake provided an overview of the June Monthly
Financial Report.
PC-5 Presentation of the Quarterly Budget Update
Budget and Administrative Services Manager Stephen Seidel presented
the Quarterly Budget update.
PC-6 Discussion and nomination of the Regional Transportation Council (RTC)
representative
Budget and Administrative Services Manager Stephen Seidel provided
an overview of the Regional Transportation Council (RTC) and stated the
cities of Hurst, Euless, Trophy Club and Grapevine endorsed City of
Hurst Councilmember Bill McLendon as the RTC representative.
It was determined that a letter would be sent in support of
Councilmember Bill McLendon as the RTC representative.
PC-7 Discussion of the July 17, 2007, City Council regular agenda items
There was general discussion regarding the City Council Rules of
Procedure and Robert's Rules of Order and City Attorney Matthew Boyle
recommended the deletion of Section 2.10 Rules of Order of the City
Council Rules of Procedure.
There being no further business, Mayor Kelly adjourned the meeting at
6:49 p.m.
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City Council City Council Minutes July 17, 2007
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on July 17, 2007, at 6:49 p.m.
ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich
Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were
present. Mayor David Kelly, City Manager Bill Lindley, Police Chief
Tommy Ingram, Fire Chief Mike Johnston, Public Works Director
Steve Chutchian, City Engineer Chad Bartee, Community
Development Director Chris Fuller, Interim Human Resource
Manager Elise Welborn, Budget and Administrative Services
Manager Stephen Seidel, Management Assistant Matt McCombs,
Audio Visual Technician Les Earwood, City Attorney Matthew Boyle
and City Secretary Cynthia Singleton were also present.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues
Raised by Public Hearing or Action Items on the Agenda
Sec. 551.071 -Legal -Discussion of pending litigation -Village
Monticello Partners, Ltd. v. City of Colleyville
Sec. 551.071- Legal -Discussion of pending litigation -Texas
Propane Gas Association, and Henderson Butane, L.P., d/b/a/
Henderson Oil & Butane v. City of Colleyville
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange
or value of real property
Sec. 551.074 - Personnel - Deliberate the assignment, duties,
performance and evaluation of the City Manager
Sec. 551.074 - Personnel - Deliberate the assignment, duties,
performance and evaluation of the City Attorney
Sec. 551.087 - Economic Development -Discuss and deliberate
commercial and financial information received from business
prospects the City seeks to have locate, stay or expand within the
City
Mayor Kelly 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, Section 551.74,
Personnel, and Section 551.087, Economic Development. He further
explained there would be no decisions made or action taken during this
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City Council City Council Minutes July 17, 2007
time. The meeting was recessed at 6:50 p.m. and reconvened at 7:51
p.m.
Mayor Kelly announced, due to technical difficulties, the audio system
was not working.
INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-07-2856
This resolution was not needed.
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Mayor Kelly invited citizens to attend the Summer Concert Series on
Thursday, July 19, 2007, 6:00 to 10:00 p.m. at Market Street.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2857
4a Approval of the minutes of the regular City Council meeting of July 10,
2007
4b Approval of a construction contract with C. Green Scaping, LP, for the
2007 Sidewalk Improvements, in the amount of $34,855.00, and
authorize the City Manager to execute the contract
4c Approval of bid award for health insurance to United Health Care and
dental insurance to Ameritas
Mayor Kelly read Resolution R-07-2857 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilmember Hendler commended staff for negotiating rates and
services to provide the best benefits.
Mayor Pro Tem Ayers moved to approve Resolution R-07-2857.
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Councilmember Taylor seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-07-1625 Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the
Woodbriar Estates West Addition located at 3717 Brentwood Court,
Case Z-07-017
Mayor Kelly read the caption of Ordinance 0-07-1625.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mayor Pro Tem Ayers moved to approve Ordinance 0-07-1625.
Councilmember Taylor seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
5b 0-07-1626 Approval of a request for a zoning change from R20-Single Family
Residential to R40-Single Family Residential on 1.86 acres out of the
O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021
Mayor Kelly read the caption of Ordinance 0-07-1626.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilmember Licata moved to approve Ordinance 0-07-1626.
Councilmember Hart seconded the motion.
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The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-07-2858 Approval of a Refund of the perimeter street fees for Lot 2, Block A of
the Hampton Addition located at 2301 Glade Road, G-07-012
Mayor Kelly read Resolution R-07-2858 in its entirety.
Community Development Director Chris Fuller provided an overview of
the request for a refund of perimeter street improvement fees, the City
Council's options and stated staff recommends denial of the request.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
There was general discussion regarding the process for advising the
applicant of the perimeter street improvement fees.
Mayor Kelly moved to deny Resolution R-07-2858.
Councilmember Taylor seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
6b R-07-2859 Approval to amend and replace Resolution R-06-2721, adopting Rules of
Procedure for Council meetings pursuant to the authority granted in
Section 3.096 of the City Charter and establishing an effective date
Mayor Kelly read Resolution R-07-2859 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
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Councilmember Taylor moved to approve Resolution R-07-2859 with the
following amendment: "Our City Attorney has advised us that Section
2.10 of the Council Rules of Procedure, referring to Robert's Rules of
Order governing the Council meetings, may produce unintended
consequences if the City were sued for a procedural mistake where
Council Rules of Procedure are in conflict with Robert's Rules. Our
Home Rule powers grant us the ability to establish procedures for
conducting the business of the people in the most orderly and efficient
manner possible. The core of Robert's Rules of Order is protecting the
right of the minority to be heard while the majority conducts their
business. Our Council Rules of Procedure adopted each year provides
the same protection in a more concise, understandable and efficient
manner than does Robert's Rules of Order. It allows the minority more
powers in so much as the Council Rules of Procedure recognize that this
is a governing body whose powers are derived from the consent of the
governed. Therefore, I concur with the advice of the counsel and move
to delete Section 2.10 in its entirety and renumber Section 2.11 to 2.10
and Section 2.12 to 2.11."
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
6c R-07-2860 Approval to suspend the proposal by Atmos Energy Corporation,
Mid-Tex Division to implement interim Gas Reliability Infrastructure
Program rate adjustments
Mayor Kelly read Resolution R-07-2860 in its entirety.
Budget and Administrative Services Manager Stephen Seidel provided
an overview of the proposed resolution.
Mayor Kelly opened the public hearing.
Ms. Mary Jean Maloney, Atmos Energy Corporation representative, 800
East Border Street, Arlington, Texas, provided information regarding the
proposed rate adjustment.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilmember Hart moved to deny Resolution R-07-2860.
The motion failed due to lack of a second.
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City Manager Bill Lindley stated the recommendation to deny is to
provide time for staff and consultants to review and analyze the Atmos
Energy Corporation's proposed rate adjustments.
City Attorney Matthew stated, "The recommendation to suspend this rate
case represents an important component to the City's exercise of its right
to serve as the original ratemaking authority for gas rates. The City's
status as the original ratemaking jurisdiction is important and should be
protected. The utility consistently asks the City to deny these cases
when doing so would effectively waive the City's ratemaking rights. In
order to properly exercise its ratemaking authority, the City should take
the time to gather the necessary information to make a prudent decision,
and coordinating with the group will help it do so. Suspending this rate
case will allow for just that."
Councilmember Taylor moved to approve Resolution R-07-2860.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
8. REPORTS:
Senior Center Advisory Committee Minutes -May 17, 2007
Planning and Zoning Commission Minutes -June 11, 2007
Planning and Zoning Commission Minutes -June 25, 2007
There was no action taken on this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 17, 2007 -
Reading and Public Hearing -Resolution R-07-2861
This resolution was not needed.
10. ADJOURNMENT:
There being no further business before the City Council, Councilmember
Wollin moved to adjourn.
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City Council
City Council Minutes July 17, 2007
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly adjourned the meeting at 8:19 p.m.
APPROVED BY A VOTE OF ~_ AYES, NAYS AND ~_
ABSTENTIONS ON THIS THE ~ DAY OF 2007.
Minutes taken and prepared by:
Cynthia Singleton, TRMC, CMC
City Secretary
City of Colleyville Page 9 Printed on 8/9/2007