HomeMy WebLinkAboutCity Council-Minutes-9/2/2008City Hall
~`' ~~~ City of Colleyville 100 Main Street
-~'°~' ~ Colleyville, Texas 76034
I' ''~ h ,~~~~~,~ Agenda 817. 503.1000
,; www.colleyville.com
City Council
Tuesday, September 2, 2008 CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Review and discussion of the Request for Proposals (RFP) for the city
manager search process
PC-2 Discussion of Jackson Road intersection safety improvements
PC-3 Presentation of the Colleyville Economic Development Corporation
Annual Activity Report
PC-4 Presentation of the Quarterly Investment Report
PC-5 Discussion of the September 2, 2008 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 potential litigation -Barbara Turner
v. City of Colleyville
Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez
v. City of Colleyville (Bill Hudgins)
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property (Mineral Rights)
City of Colleyville Page 1 Printed on 8/29/2008
City Council Agenda September 2, 2008
Sec. 551.074 - Personnel -Deliberate the appointment, employment
and duties of the City Manager
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
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor Chris Hayes, First United Methodist Church
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-08-3000
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Presentation
In recognition of employees for years of service
Proclamation
In recognition of National Preparedness Month -Andrea Renegar,
Deputy Emergency Management Coordinator
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3001
4a Approval of the minutes of the regular City Council meeting of August
19, 2008
4b Approval of the minutes of the Special City Council meeting of August
12, 2008
4c Approval of an agreement with an executive search firm, to conduct a
search for a City of Colleyville City Manager
4d Approval of adopting the Capital Improvement Plan for Streets and
Intersections
City of Colleyville Page 2 Printed on 8/29/2008
City Council Agenda September 2, 2008
4e Approval of a reimbursement to Grapevine Independent School District
(GCISD) for improvements along Pleasant Run Road
4f Adopting the Economic Development Capital Improvement Program
(EDCIP) for the Fiscal Years 2009-2013 (FY 2009-2013) of the
Colleyville Economic Development Corporation
4g Approval of the annual review of the City's Investment Policy
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a 0-08-1688 Adoption of the proposed Fiscal Year 2009 (FY 2009) Budget
5b 0-08-1689 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2009 (FY2009)
5c 0-08-1690 Amending Ordinance 0-92-880 setting fees and charges for City
facilities
5d 0-08-1691 Adoption of the Colleyville Economic Development Corporation Fiscal
Year 2009 (FY 2009) Budget
5e 0-08-1692 Amending Section 2 of Ordinance 0-07-1636 relating to the Fiscal Year
2008 General Fund budget and authorizing the City Manager to transfer
unspent budget appropriations to the Capital Projects Fund and Capital
Equipment Replacement Fund
5f 0-08-1693 Amendment to Chapter 3.1 -Oil and Gas Well Drilling and Production of
the Land Development Code, Case G-08-031
5g 0-08-1694 Approval of a negotiated resolution between the Atmos Cities Steering
Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division
(Atmos Mid-Tex), regarding Atmos Mid-Tex's rate review mechanism
6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
7. REPORTS:
Colleyville Center Advisory Committee Minutes -May 19, 2008
Commuter Rail Committee Minutes -June 30, 2008
Commuter Rail Committee Minutes -July 14, 2008
Commuter Rail Committee Minutes -July 28, 2008
Colleyville Trails and Sidewalks Committee Minutes -July 29, 2008
Planning and Zoning Commission Minutes -August 11, 2008
City of Colleyville Page 3 Printed on 8/29/2008
City Council Agenda September 2, 2008
8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 2,
2008 -Reading and Public Hearing -Resolution R-08-3002
9. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
August 29, 2008, by 5: .
Cynthia Singleton, TRMC, CMC
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 8/29/2008
~;~, ;~, ¶~ City of Colleyville
`~~'~~ City Council Minutes -Draft
~.•<,.,
City Council
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
vrww.colleyville.com
Tuesday, September 2, 2008
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on September 2, 2008, at 5:32 p.m.
ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall,
Tom Hart and Mike Taylor were present. Mayor David Kelly, Interim
City Manager Kelly Cooper, Interim Assistant City Manager Mike
Johnston, Interim Fire Chief Russell Shelley, Police Lieutenant
Rodney Cunningham, Police Lieutenant Doug Cooper, Public Works
Director Steve Chutchian, Finance Director Terry Leake, Community
Development Coordinator Ron Ruthven, Human Resources
Manager Elise Welborn, Colleyville Center Administrative Assistant
Marilyn Gilbert, Communications Manager Mona Gandy, Parks
Superintendent Chuck Majors, Recreation Supervisor Luke
DeFilippis, Management Assistant Christine Loven, Audio Visual
Technician Lawrence Gise, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
Mayor Pro Tem Jon Ayers was absent.
PC-1 Review and discussion of the Request for Proposals (RFP) for the city
manager search process
Mayor Kelly opened the discussion of the proposals for the executive
search for a city manager.
Discussion ensued regarding recruitment cost, national scope of
recruitment and timeframe for finalist selection.
City Council determined Strategic Government Resources, Inc. would
provide city manager recruitment services.
PC-2 Discussion of Jackson Road intersection safety improvements
Public Works Director Steve Chutchian provided an overview of the
proposed Jackson Road intersection safety improvements.
Discussion ensued regarding the stop sign warrant study and
recommendations of Freese and Nichols, Inc., including advisory
signage, roadway striping and the installation of a crosswalk.
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City Council City Council Minutes -Draft September 2, 2008
PC-3
PC-4
PC-5
City Council determined staff should proceed with the recommendations
of Freese and Nichols, Inc.
Presentation of the Colleyville Economic Development Corporation
Annual Activity Report
Finance Director Terry Leake provided an overview of the Colleyville
Economic Development Corporation Annual Activity Report and stated
the annual report was approved by the Colleyville Economic
Development Corporation Board on August 26, 2008.
Presentation of the Quarterly Investment Report
Finance Director Terry Leake presented the Quarterly Investment Report
and answered questions of the City Council.
Discussion of the September 2, 2008 regular agenda items
There was no discussion of the regular agenda items.
Mayor Kelly adjourned the Pre Council meeting at 6:04 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on September 2, 2008, at 6:04 p.m.
ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall,
Tom Hart and Mike Taylor were present. Mayor David Kelly, Interim
City Manager Kelly Cooper, Interim Assistant City Manager Mike
Johnston, Police Chief Tommy Ingram, Interim Fire Chief Russell
Shelley, Police Lieutenant Rodney Cunningham, Police Lieutenant
Doug Cooper, Public Works Director Steve Chutchian, Finance
Director Terry Leake, Community Development Coordinator Ron
Ruthven, Library Director Mary Rodne, Human Resources Manager
Elise Welborn, Colleyville Center Administrative Assistant Marilyn
Gilbert, Communications Manager Mona Gandy, Parks and
Recreation Director Monica Walsh, Parks Superintendent Chuck
Majors, Recreation Supervisor Luke DeFilippis, Management
Assistant Christine Loven, Audio Visual Technician Lawrence Gise,
City Attorney Matthew Boyle and City Secretary Cynthia Singleton
were also present.
Mayor Pro Tem Jon Ayers was absent.
City of Colleyville Page 2 Printed on 10/3/2008
City Council City Council Minutes -Draft September 2, 2008
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 potential litigation -Barbara Turner
v. City of Colleyville
Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez
v. City of Colleyville (Bill Hudgins)
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property (Mineral Rights)
Sec. 551.074 -Personnel -Deliberate the appointment, employment and
duties of the City Manager
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 that there would be no decisions made or action taken during
this time. The meeting was recessed at 6:05 p.m. and reconvened at
7:30 p.m.
INVOCATION: Pastor Chris Hayes, First United Methodist Church
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-08-3000
This resolution was not needed.
City of Colleyville Page 3 Printed on 10/3/2008
City Council City Council Minutes -Draft September 2, 2008
3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL
AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENTATIONS
Mayor Kelly recognized City employees for years of service, Kelly
Howell, Public Works Operations Manager, thirty years; David Martz,
Police Detective, twenty years; Jimmy Brock, Street Superintendent,
fifteen years; Homer Cruse, Sign Technician, ten years; Todd
Hildebrandt, Police Officer, ten years; Gregg Prewitt, Police Sergeant,
five years; and Karen Hines, Accountant, one year.
Mayor Kelly presented a Proclamation to Andrea Renegar, Deputy
Emergency Management Coordinator, in recognition of National
Preparedness Month.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3001
4a Approval of the minutes of the regular City Council meeting of August 19,
2008
4b Approval of the minutes of the Special City Council meeting of August
12, 2008
4c Approval of an agreement with an executive search firm, to conduct a
search for a City of Colleyville City Manager
4d Approval of adopting the Capital Improvement Plan for Streets and
Intersections
4e Approval of a reimbursement to Grapevine Independent School District
(GCISD) for improvements along Pleasant Run Road
4f Adopting the Economic Development Capital Improvement Program
(EDCIP) for the Fiscal Years 2009-2013 (FY 2009-2013) of the
Colleyville Economic Development Corporation
4g Approval of the annual review of the City's Investment Policy
Mayor Kelly read Resolution R-08-3001 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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City Council City Council Minutes -Draft September 2, 2008
Councilmember Wollin moved to approve Resolution R-08-3001.
Councilmember Hall seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Stan Hall, Tom Hart,
Mike Taylor
Absent: 1 -Jon Ayers
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a 0-08-1688 Adoption of the proposed Fiscal Year 2009 (FY 2009) Budget
Mayor Kelly read the caption of Ordinance 0-08-1688.
Finance Director Terry Leake provided an overview of the proposed
Fiscal Year 2009 budget, reviewed the modifications as discussed during
the July 31, 2008 City Council worksession and stated the tax rate
remains at $.3559 per hundred dollars of valuation.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
5b 0-08-1689 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2009 (FY 2009)
Mayor Kelly read the caption of Ordinance 0-08-1689.
Finance Director Terry Leake reviewed the Ad Valorem Tax Rate for
Fiscal Year 2009 and stated this is the second of two public hearings as
required by the Texas Property Tax Code.
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 Kelly stated the Fiscal Year 2009 proposed tax rate is $.3559 per
hundred dollars of valuation and this tax rate is unchanged from Fiscal
Year 2008 to Fiscal Year 2009.
Finance Director Terry Leake stated the City Council will vote on this
item at the September 16, 2008, City Council meeting.
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City Council City Council Minutes -Draft September 2, 2008
5c 0-08-1690 Amending Ordinance 0-92-880 setting fees and charges for City
facilities
Mayor Kelly read the caption of Ordinance 0-08-1690.
Finance Director Terry Leake reviewed the proposed miscellaneous fees
as presented by the Engineering Department, Parks Department and
the Colleyville Center.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Administrative Assistant Marilyn Gilbert provided information regarding
the fee structure and time period for an entire building rental of the
Colleyville Center.
5d 0-08-1691 Adoption of the Colleyville Economic Development Corporation Fiscal
.Year 2009 (FY 2009) Budget
Mayor Kelly read the caption of Ordinance 0-08-1691.
Finance Director Terry Leake reviewed the proposed Colleyville
Economic Development Corporation (CEDC) Fiscal Year 2009 budget
and stated the CEDC Board adopted the proposed budget on August 26,
2008.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
5e 0-08-1692 Amending Section 2 of Ordinance 0-07-1636 relating to the Fiscal Year
2008 General Fund budget and authorizing the City Manager to transfer
unspent budget appropriations to the Capital Projects Fund and Capital
Equipment Replacement Fund
Mayor Kelly read the caption of Ordinance 0-08-1692.
Finance Director Terry Leake presented an overview of proposed
amendments to the Fiscal Year 2008 General Fund budget.
Mayor Kelly opened the public hearing.
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City Council City Council Minutes -Draft September 2, 2008
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
5f 0-08-1693 Amendment to Chapter 3.1 -Oil and Gas Well Drilling and Production of
the Land Development Code, Case G-08-031
Mayor Kelly read the caption of Ordinance 0-08-1693.
Community Development Coordinator Ron Ruthven reviewed the
proposed amendments to the Chapter 3.1 -Oil and Gas Well Drilling and
Production, Land Development Code, including the removal of all pits,
except for fresh water pits, maximum noise level restrictions and road
remediation fees.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Discussion ensued regarding noise level measurements and restrictions.
5g 0-08-1694 Approval of a negotiated resolution between the Atmos Cities Steering
Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division
(Atmos Mid-Tex), regarding Atmos Mid-Tex's rate review mechanism
Mayor Kelly read the caption of Ordinance 0-08-1694.
Management Assistant Christine Loven provided an overview of the
proposed negotiated resolution between the Atmos Cities Steering
Committee and Atmos Energy Corporation regarding Atmos Mid-Tex's
rate review mechanism and answered questions of the City Council.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak.
7. REPORTS:
Colleyville Center Advisory Committee Minutes -May 19, 2008
Commuter Rail Committee Minutes -June 30, 2008
City of Colleyville Page 7 Printed on 10/3/2008
City Council City Council Minutes -Draft September 2, 2008
Commuter Rail Committee Minutes -July 14, 2008
Commuter Rail Committee Minutes -July 28, 2008
Colleyville Trails and Sidewalks Committee Minutes -July 29, 2008
Planning and Zoning Commission Minutes -August 11, 2008
There was no discussion of this item.
8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 2,
2008 -Reading and Public Hearing -Resolution R-08-3002
This resolution was not needed.
9. ADJOURNMENT:
There being no further business before the City Council, Councilmember
Hall moved to adjourn.
Councilmember Wollin seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Stan Hall, Tom Hart,
Mike Taylor
Absent: 1 -Jon Ayers
Mayor Kelly adjourned the meeting at 8:17 p.m.
APPROVED BY A VOTE OF ( AYES, D NAYS AND (~
ABSTENTIONS ON THIS THE 1!~ DAY O 2008.
Minutes taken and prepared b ,
~~~ ~
nthia gleton, TRMC, CMC
City Secretary
City of Colleyville Page 8 Printed on 10/3/2008