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HomeMy WebLinkAboutCity Council-Minutes-10/21/2008,,, .,, City ~f CO~~@~/N~~~@ 100 Main Street '` Colleyville, Texas 76034 ~~~ ~'~ Agenda 817.503.1000 www.colleyville.com ~~~~ City Council Tuesday, October 21, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Senior Center Open Space Master Plan PC-2 Update of McPherson Park Master Plan Final Phase PC-3 Presentation of the Spatial Reorganization Plan for the Colleyville Public Library PC-4 Presentation and discussion of the Attorney General Opinion GA-0668, whether certain posted agenda items satisfy the notice requirements of the Open Meetings Act, Chapter 551, Government Code PC-5 Presentation of the Monthly Financial Report -September 2008 PC-6 Discussion of the October 21, 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 City of Colleyville Page 1 Printed on 10/16/2008 City Council Agenda October 21, 2008 Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Mineral Rights) Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Water Well Sites) 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 Louie Murillo, Compass Christian 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-08-3020 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Presentations In recognition of Firefighter Michael Stephens for heroic actions at an off duty boating accident Presentation of the America In Bloom Award -Monica Walsh, Parks and Recreation Director Plaques In recognition for service on the Senior Center Advisory Committee - Mr. Jack Olsen In recognition for service on the Parks and Recreation Advisory Board - Mr. Joe Ben Hassell and Mr. Franklin Hyde Proclamation In recognition of Chamber of Commerce Week - Ret Stansberger, President, Colleyville Area Chamber of Commerce City of Colleyville Page 2 Printed on 10/16/2008 City Council Agenda October 21, 2008 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3021 4a Approval of the minutes of the regular City Council meeting of October 7, 2008 4b Approval of the minutes of the Joint City Council and Planning and Zoning Commission worksession of September 29, 2008 4c Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,400.00 4d Approval of the disposal of surplus and obsolete vehicles, equipment and computers 4e Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $130,000.00 4f Approval of a waiver of the water well drilling requirements requested by Bluebonnet Hills Funeral Home and Cemetery located at 5725 Colleyville Boulevard 4g Approval of assignment of economic incentive agreements with Colleyville Cinema Grill IMAX-THEATRE and authorizing the Interim City Manager to execute same 4h Approval to enter into a mineral gas lease agreement with Titan Operating, L.L.C. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1698 Amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance O-OS-1677 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-028 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-08-3022 Consideration of appointments to the Park Land Dedication Committee 6b R-08-3023 Consideration of appointments to the Parks and Recreation Advisory Board City of Colleyville Page 3 Printed on 10/16/2008 City Council Agenda October 21, 2008 6c 6d 7. R-08-3024 Consideration of appointments to the Colleyville Tree Board R-06-3025 Approval of authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement for deliveries of electricity and necessary, related services effective January 1, 2009; approving CAPP contracting with Florida Power and Light (FPL) Energy and Direct Energy and authorizing the City Manager to sign a contract with CAPP for the City's electricity needs for the period beginning January 1, 2009 and extending up to December 31, 2013 TABLED ITEMS AND PUBLIC HEARINGS 7a 0-08-1695 Approval of a request for a zoning change from R20-Single Family Residential to CPO-Professional Office on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 7b 0-08-1696 Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Sign Board of Appeals Minutes -April 29, 2008 Parks and Recreation Advisory Board Minutes -June 2, 2008 Zoning Board of Adjustment Minutes -August 12, 2008 Senior Center Advisory Committee Minutes -August 21, 2008 Joint City Council and Planning and Zoning Commission Minutes - September 4, 2008 Planning and Zoning Commission Minutes -September 8, 2008 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 21, 2008 -Reading and Public Hearing -Resolution R-08-3026 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 17, 2008, by 5:00 p.m. City of Colleyville Page 4 Printed on 10/16/2008 e+:a.. n......,.:~ e..e...1~ (lrfnhar 71 9MR 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 5 Printed on 10/16/2008 l:yninla Jingle[On, I KIVII., I.IVII. City Secretary ~~~ ~ City of Colleyville 100 Mlain Street ~' ~'~~; Colleyville, Texas 76034 City Council Minutes 817.503.1000 <<•~~~ j www.colleyville.com City Council Tuesday, October 21, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 21, 2008, at 5:36 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, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, 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 Presentation of the Senior Center Open Space Master Plan Parks and Recreation Director Monica Walsh provided information regarding the Senior Center Open Space Master Plan Committee's process for developing the proposed Senior Center Master Plan and stated the Senior Center Advisory Committee and the Parks and Recreation Advisory Board recommends approval. Mr. Karl von Bieberstein, Newman, Jackson, Bieberstein, Inc., presented the design elements of the proposed Senior Center Master Plan and stated ideas obtained from citizens, the Committee and staff were incorporated into the plan and answered questions of the City Council. PC-2 Update of McPherson Park Master Plan Final Phase Mr. Karl von Bieberstein, Newman, Jackson, Bieberstein, Inc., provided an overview of the proposed McPherson Park Master Plan Final Phase improvements, which includes hike and bike trails, a group pavilion with restrooms, spray park, demonstration gardens, wildflower areas, tree farm, Rock House renovation and Park Service Center improvements. City of Colleyville Page 1 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 Parks and Recreation Director Monica Walsh stated the Parks and Recreation Advisory Board recommends approval of the proposed plan, and the proposed date to advertise for bids is January 2009. PC-3 Presentation of the Spatial Reorganization Plan for the Colleyville Public Library Library Director Mary Rodne provided an overview of the purpose and process for development of the Spatial Reorganization Plan for the Colleyville Public Library, introduced Ms. Sam McBane Mulford, Principal Strategist, Ideation Collaborative and commended City Council for strategic perspective. Ms. Mulford presented the proposed Library Spatial Reorganization Plan, which includes community characteristics, concepts and the implementation plan and answered questions of the City Council. PC-4 Presentation and discussion of the Attorney General Opinion GA-0668, whether certain posted agenda items satisfy the notice requirements of the Open Meetings Act, Chapter 551, Government Code City Attorney Matthew Boyle provided an overview of the Attorney General's opinion related to whether certain posted agenda items satisfy the notice requirements of the Open Meetings Act, Chapter 551, Government Code and stated all agenda items must be specific, including announcements and answered questions of the City Council. PC-5 Presentation of the Monthly Financial Report -September 2008 Finance Director Terry Leake presented the September 2008 Financial Report and answered questions of the City Council. PC-6 Discussion of the October 21, 2008 regular agenda items It was determined the City Secretary will advertise the open Parks and Recreation Advisory Board positions. Councilmember Wollin requested Consent agenda item 4h be moved to agenda item 10, Resolution R-08-3026. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 7:04 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 21, 2008, at 7:45 p.m. City of Colleyville Page 2 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 Mayor Kelly announced City Council agenda items 7a and 7b would not be considered during this meeting. Mayor Kelly announced City Council Consent agenda item 4h will be moved to agenda item 10, Resolution R-08-3026. 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, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Library Director Mary Rodne, Colleyville Center Manager Lin Przbyl, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, 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. 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. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Water Well Sites) City of Colleyville Page 3 Printed on 11/7/2008 City Council City Council Minutes October 21, 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 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 7:05 p.m. and reconvened at 7:45 p.m. INVOCATION: Pastor Blake Clevenger, Compass Christian 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-08-3020 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Councilmember Mike Taylor provided information regarding the financial markets including city government and stated the City of Colleyville is strong and financially sound and stated the citizens should be proud of the City's balance sheet. Mayor Kelly congratulated Motor Officer Chuck Tinsman for placing first in the Roanoke Police Motorcycle Rodeo. Mayor Kelly announced Detective Kevin Walling will carry the torch on the final leg of the 2009 Special World Olympics torch run and during the opening ceremonies and stated Detective Walling was selected to carry the torch as a result of dedication to the Texas Special Olympics. Mayor Kelly stated the Haunted Trails Fest is scheduled for Saturday, October 25, 2008, 7:00 p.m. to 9:00 p.m., at the Colleyville Nature Center. Mayor Kelly announced the Fire Department will host the first annual Trick or Treat Fire Safety Festival at the Central Fire Station and invited City of Colleyville Page 4 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 citizens to enter the Family Fire Escape Grid Map contest by November 26, 2008, and be eligible for a child to win a ride to school in the fire engine. Mayor Kelly, Interim Fire Chief Russell Shelley and Fire Lieutenant Scott Gill presented the Medal of Valor to honor Firefighter Michael Stephens for heroic actions in an off-duty boating accident. Parks and Recreation Director Monica Walsh presented the America In Bloom award to City Council and City of Colleyville citizens and stated America In Bloom recognizes cities for beautification and environmental programs. Ms. Walsh stated the City of Colleyville is the only city recognized in the State of Texas and expressed appreciation to the citizens, Lions Club, Keep Colleyville Beautiful, Garden Club, Rotary Club, Chamber of Commerce, local businesses and developers who assisted City staff in their efforts for the America In Bloom award. Mayor Kelly expressed appreciation to citizens and stated the award is for the citizens of Colleyville. Mayor Kelly presented a plaque to Mr. Jack Olsen for service on the Senior Center Advisory Committee. Mr. Olsen stated through the leadership of Senior Center Supervisor Renee Garrett and the current Senior Center Advisory Committee members, the Senior Center will continue to be a place of enjoyment. Mayor Kelly recognized Mr. Joe Ben Hassell and Mr. Franklin Hyde for service on the Parks and Recreation Advisory Board. Mayor Kelly presented a Proclamation to Ms. Danielle Arnett, Chairman and Ms. Ret Stansberger, President, Colleyville Area Chamber of Commerce in recognition of Chamber of Commerce Week. Ms. Arnett expressed appreciation to the City Council for the support of and participation with the Chamber of Commerce. Mayor Kelly requested prayers for a full recovery for former Mayor Ed Baker who recently suffered a cardiac arrest. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3021 4a Approval of the minutes of the regular City Council meeting of October 7, 2008 4b Approval of the minutes of the Joint City Council and Planning and Zoning Commission worksession of September 29, 2008 City of Colleyville Page 5 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 4c Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,400.00 4d Approval of the disposal of surplus and obsolete vehicles, equipment and computers 4e Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $130,000.00 4f Approval of a waiver of the water well drilling requirements requested by Bluebonnet Hills Funeral Home and Cemetery located at 5725 Colleyville Boulevard 4g Approval of assignment of economic incentive agreements with Colleyville Cinema Grill IMAX-THEATRE and authorizing the Interim City Manager to execute same 4h Approval to enter into a mineral gas lease agreement with Titan Operating, L.L.C. Mayor Kelly stated Consent agenda item 4h will be moved to Item 10, Resolution R-08-3026,and speakers for that item will be heard as City Council considers item 10. Mayor Kelly read Resolution R-08-3021 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 Taylor moved to approve Resolution R-08-3021, striking item 1 h. Councilmember Hart 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 City of Colleyville Page 6 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1698 Amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-08-1677 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-028 Mayor Kelly read the caption of Ordinance 0-08-1698. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Ordinance 0-08-1698. 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 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-08-3022 Consideration of appointments to the Park Land Dedication Committee Mayor Kelly read Resolution R-08-3022 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 Taylor moved to approve Resolution R-08-3022. Councilmember Hart 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 City of Colleyville Page 7 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 6b R-08-3023 Consideration of appointments to the Parks and Recreation Advisory Board 6c 6d R-08-3024 Mayor Kelly read Resolution R-08-3023 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. Mayor Kelly opened the floor for nominations. There were no nominations made for appointment to the Parks and Recreation Advisory Board. Mayor Kelly stated City Council will pass over the item and requested the City Secretary advertise the vacant positions. Consideration of appointments to the Colleyville Tree Board Mayor Kelly read Resolution R-08-3024 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 Hart moved to approve Resolution R-08-3024. 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 R-06-3025 Approval of authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement for deliveries of electricity and necessary, related services effective January 1, 2009; approving CAPP contracting with Florida Power and Light (FPL) Energy and Direct Energy and authorizing the City Manager to sign a contract with CAPP for the City's electricity needs for the period beginning January 1, 2009 and extending up to December 31, 2013 City of Colleyville Page 8 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 Mayor Kelly read Resolution R-08-3025. in its entirety. Management Assistant Christine Loven stated approval of this resolution will continue the agreement for electric purchase for five years for the City of Colleyville, not residents, and further stated approval will allow the City, through an agreement with CAPP, to lock-in prices for five years that are below the current electric prices paid by the City 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. Mayor Kelly moved to approve Resolution R-08-3025. Councilmember Hart 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 7. TABLED ITEMS AND PUBLIC HEARINGS 7a 0-08-1695 Approval of a request for a zoning change from R20-Single Family Residential to CPO-Professional Office on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 Mayor Kelly read the caption of Ordinance 0-08-1695. Community Development Manager Ron Ruthven stated the applicant requests the item be tabled and considered during the November 18, 2008 City Council meeting. Mr. Walter D. James, III, 1450 Huges Road, Suite 101, Grapevine, Texas, representing the applicant, requested consideration of the item at the November 18, 2008 City Council meeting. Councilmember Taylor moved to table Ordinance 0-08-1695 and continue the public hearing to November 18, 2008. Mayor Kelly seconded the motion. City of Colleyville Page 9 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 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 7b 0-08-1696 Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 Mayor Kelly read the caption of Ordinance 0-08-1696. Community Development Manager Ron Ruthven stated the applicant requests the item be tabled and considered at the November 5,.2008 City Council meeting. Mr. Curtis Young, 8003 Jefferson Circle, applicant, requested the item be tabled and considered at the November 5, 2008 City Council meeting. Councilmember Taylor moved to table Ordinance 0-08-1696 and continue the public hearing to the November 5, 2008 City Council meeting. Councilmember Hart 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Sign Board of Appeals Minutes -April 29, 2008 Parks and Recreation Advisory Board Minutes -June 2, 2008 Zoning Board of Adjustment Minutes -August 12, 2008 Senior Center Advisory Committee Minutes -August 21, 2008 Joint City Council and Planning and Zoning Commission Minutes - September 4, 2008 Planning and Zoning Commission Minutes -September 8, 2008 City of Colleyville Page 10 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 21, 2008 -Reading and Public Hearing -Resolution R-08-3026 Mayor Kelly read Resolution R-08-3026 in its entirety. City Attorney Matthew Boyle stated, "The item before you tonight is the consideration of a lease for gas rights between the City and The Titan Group, and in that regard, you are acting as the governing body for the City, which represents the City as a Municipal Corporation. Due to the State's conflict of interest statutes and the anti-influence statutes, you are prohibited by law, criminally enforceable, from offering, soliciting, or accepting any consideration for your participation on this vote, including but not limited to, any consideration of your personal, existing or potential gas leasing rights." Mayor Kelly opened the public hearing. Mr. Mark Schumacher, Grapevine, Texas, Titan Operating, President, stated "They have met with the City regarding the oil and gas lease and the City has requested all property be leased under one lease. We are still running title on that but we have submitted a bid for your consideration at your request for one lease for the entirety of the minerals. Titan initially negotiated a transaction with a coalition called CAMRA, Colleyville Area Mineral Rights Association, much of the City's minerals are located within the area of CAMRA. We have leased the majority of CAMRA and are wrapping up leasing in that area. The City's leases are also in a coalition referred to as Bedford Colleyville Mineral Rights Coalition (BCMRC). We have initiated leasing in that area, have leased about 15 percent of the coalition members and have suspended the leasing efforts in that coalition area, effective Saturday. The proposal before you is a mineral lease with Titan with regard to the City of Colleyville leases, non surface use tracts, that we would use from our existing drill sites." Ms. Kathy Hadley, 204 Timberline North, expressed support of Colleyville citizens and the original Master Plan and stated monies received from the gas lease for the Colleyville City Park should be used to provide for a tax break for citizens. Ms. Becky Miller, 5108 Chelsea Drive, representing Bedford Colleyville Mineral Rights Coalition, spoke in opposition to the proposed resolution and regarding the suspension of Titan lease signings with the Bedford Colleyville Minerals Rights Coalition. City of Colleyville Page 11 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 Mr. Rick Wollin, 4600 Dartmoore Lane, representing Bedford Colleyville Mineral Rights Coalition, spoke in opposition to the proposed resolution and regarding the actions of City Management, the activities of the coalition and the financial commitments of Titan Caffey. Mr. Robert Potter, 1104 Chatsworth Court West, spoke regarding the Titan Caffey offers for gas leases and the creation of Bedford Colleyville Mineral Rights Coalition and in support of the City signing a lease with Titan contingent upon Titan signing leases with Colleyville residents. Mr. F. D. Gann, 4205 Allendale, spoke in opposition to the proposed resolution and regarding the issuance of drilling permits. Mr. Chris Hawkins, 4944 Lakewood Drive, Vice President, Lakewood Estates Homeowners Association, requested the proposed resolution be tabled. Mr. Dick Oliver, 3904 Magnolia Court, spoke in opposition to the proposed resolution and requested any action be postponed until all citizen leases with Titan have been signed. Ms. Teri Fay, 2905 Hickory Hill, spoke in opposition to the proposed resolution and regarding the Titan Caffey offer to citizens for mineral rights and the financial benefit to the City for a lease with Titan Caffey. Mr. Phil Andre', 4518 Shadywood Lane, spoke in opposition to the proposed resolution and regarding the suspension of the Titan offer for mineral rights to the citizens and City negotiations with Titan Caffey. Mr. Howard Wixson, 4801 Green Oaks Drive, spoke in opposition to the proposed resolution and regarding City negotiations with Titan Caffey on behalf of the citizens. Mr. Larry Kainer, 4709 East Jim Mitchell Trail, spoke in opposition to the proposed resolution and requested the City Council suspend the vote on the proposed resolution. Mr. Gregory Hidden, 4106 Woodcreek Court, spoke in opposition to the proposed resolution and requested the City Council suspend the vote on the proposed resolution. Ms. Joanie Torres, 3904 Copperwood Court, spoke in opposition to the proposed resolution and requested the City Council suspend the vote on the proposed resolution. Mr. John Britell, 4514 Shadywood Lane, Mr. Craig Kilpatrick, 4101 Savannah Court, Ms. Jan Laustrup, 3908 Spring Hollow Street and Ms. City of Colleyville Page 12 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 Megan Bennett, 3908 Magnolia Court, did not speak but wished to record their opposition to the proposed resolution. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly asked the City Attorney, because there have been some recommendations by some of the citizens here tonight, please review what the City Council should consider and if any kind of conditions or contingencies can be included in the agreement. City Attorney Matthew Boyle stated, "Because each member of the City Council is a property owner in the City of Colleyville and because you are sitting here representing the City as a corporate entity, as a municipal corporation, you are limited in your considerations this evening, strictly to considering the business deal between the City and the Titan Caffey Group. You are prohibited, by the conflict of interest statutes and the State's anti-influence statutes, from giving any consideration to what outcome your consideration of this business deal with the City and Titan Caffey may have on yours or other individuals leasing options whether they are existing or potential in the future. In particular, the anti-influence statute says you cannot offer, solicit or accept any consideration personally for your consideration one way or another relative to the outcome of the item, and as such, if the argument would be that if you didn't take this proposed business deal on behalf of the City, that might better or enhance your own personal options, the second you were to give that consideration, you would be prohibited from participating in the matter based on the conflict of interest statute, and you would be in jeopardy of violating the State's criminal anti-influence statute, and, as such, your consideration under the law, this evening, must be limited strictly to your actions and your considerations and as fiduciary responsibilities as the governing body for the municipal corporation that is the City of Colleyville." Mayor Kelly stated, "On August 19, 2008, the City was made a formal offer to consider leasing by Titan for 280 acres of City property at a rate of $25,000.00 per net mineral acre, 25.5% royalty, a three year primary term and a two year option at $25,000.00 per net acre. The City went out for bid and received one very small offer from Chesapeake wanting to do part of the City Park. When we went out to bid, we said it's either all property or none and Caffey Titan was the only one who came forward and said we will look at all of your property and here are the arrangements we will make on that. Also, they said, in addition to that offer, $200,000.00 will be donated to the City to be used by Parks and for beautification of the City of Colleyville. That is in addition to the terms covered previously. So, that's the offer that is before us this evening for consideration." City of Colleyville Page 13 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 Councilmember Hart requested clarification of the proposed agreement terms if the resolution was tabled. Mayor Kelly requested Mr. Schumacher explain the timeframe associated with the proposed agreement. Mr. Schumacher stated the offer was presented on August 19, 2008, and there is no commitment that the offer would not be changed in the future. There was general discussion regarding potential conflict of interest and the State's anti-influence statute. Councilmember Licata requested the City Attorney clarify the City's rights to the proposed agreement if it is not approved tonight. City Attorney Matthew Boyle stated, "If the agreement is not approved within the offer period, it is subject to rescission by the offeror, that being Titan Caffey. If it is not acted on favorably, the offer then becomes not enforceable at the subsequent date following the closing of the offer period. Relative to your options, which are approval, postponement or denial, the only advice that I am continuing to give to you, is that you all are acting tonight as Councilmembers, as the governing body of a municipal corporation, that is the City of Colleyville, and within those limitations, you are entitled to exercise your discretion. The only limitation on the ability to exercise that discretion would be any exercises of discretion that took into consideration your own personal, actual or potential business or monetary interest, in which case that participation and that influence would be prohibited under the State's conflict of interest statute and would most likely implicate the State's anti-influence statute." Councilmember Hart stated to the City Attorney, "You stated if we don't take this offer tonight they will rescind the offer potentially. If we do take the offer tonight they can rescind the offer as well, can't they?" City Attorney Matthew Boyle replied, "No sir." Councilmember Hart asked the City Attorney, "If we take this offer tonight, they are obligated to pay us, they can't suspend participation?" City Attorney Matthew Boyle stated, "We would assert during the period that the offer is open, it is legally enforceable as an offer. If for some reason, after the City's acceptance of the offer, they were to breach, then the City would be forced to look at legally available remedies." Discussion ensued regarding reopening the public hearing. Cify of Colleyville Page 14 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 Mr. Mark Caffey, 2601 Highland Drive, 3201 Pool Road, representing Titan Operating, L.L.C., stated, in his opinion, the only thing that can happen to the offer is it can be suspended or lowered at a later date. Councilmember Taylor asked Mr. Schumacher what the timeframe is for the suspension or is that an indefinite? Mr. Schumacher stated, it is not indefinite and we want to meet with the leadership of the BCMRC before we come forward with a proposal. Councilmember Taylor stated, but your intent is to cut the rate or the offer that you have. Mr. Schumaker stated, "No sir, that is not the intent and spoke regarding possible options to BCMRC and meetings with the Titan Leadership team." Mayor Kelly explained the three standard options for consideration of the proposed resolution are approval, postponement or denial. Councilmember Taylor asked the City Attorney what legal rights does the City have if the proposed resolution is approved and Titan defaults on the offer. City Attorney Matthew Boyle stated, "The City Council may want to reconvene Executive Session to receive a legal consultation pursuant to Section 551.071 of the Government Code." City Attorney Matthew Boyle moved to recess the meeting at 9:40 p.m. and stated the City Council will move to the Executive Conference Room and convene Executive Session to receive legal advice from the City Attorney pursuant to Section 551.071 of the Government Code and during the session, no action will be taken. Mayor Kelly reconvened the regular meeting at 10:06 p.m. Mayor Kelly stated Councilmember Wollin is executing a Conflict of Interest statement and will not be participating on this item. Mayor Kelly stated he will reopen the public hearing for fifteen minutes. Ms. Becky Miller, 5108 Chelsea Drive, requested the City Council listen to citizen considerations and that City Council table the item. Mr. F. D. Gann, 4205 Allendale, expressed appreciation to the City Council for reopening the public hearing and spoke regarding the financial status of the City and requested the City Council table the item. City of Colleyville Page 15 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 Mr. Dick Oliver, 3904 Magnolia Court, spoke regarding the issuance of drilling permits to Titan based on the resolution of signing leases with citizens. Ms. Teri Fay, 2905 Hickory Hill, spoke regarding the issuance of permits for drilling and City Council's conflict of interest. Mr. Phil Andre', 4518 Shadywood Lane, spoke regarding the economic benefit to the City if citizens received the lease bonus payments from Titan. Mr. Larry Kainer, 4709 East Jim Mitchell Trail, requested the City Council postpone the vote on the proposed resolution. Mr. Gregory Hidden, 4106 Woodcreek Court, spoke regarding the Titan offer, the state of the economy and requested the City Council postpone the vote on the proposed resolution. Ms. Julia White, 2904 Hickory Hill, requested the City Council deny the proposed resolution. Mr. Ron Laustrup, 3908 Spring Hollow Street, spoke regarding possible collaborative efforts of the citizens and the City and requested the City Council suspend signing the lease indefinitely and not issue drilling permits in the City of Colleyville. Ms. Brenda Fuller, 4800 East Jim Mitchell Trail, proposed hiring an oil and gas attorney and spoke regarding tax revenue generated by citizens who receive lease bonus payments and requested the item be suspended. Mayor Kelly closed the public hearing. Mayor Kelly stated the City is considering the same offer from Titan Caffey that was extended to the Bedford Colleyville Mineral Rights Coalition and should City Council approve the resolution, the City Manager or Mayor is authorized to sign the agreement. There was general discussion regarding the State's conflict of interest statutes, the anti-influence statutes and the Oath of Office and the consequences of not adhering to the statutes as it relates to City Council's consideration and action on the proposed resolution. Councilmember Hart moved to table Resolution R-08-3026. The motion failed for lack of a second. Cify of Colleyville Page 16 Printed on 11/7/2008 City Council City Council Minutes October 21, 2008 Councilmember Hall moved to approve Resolution R-08-3026. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 4 -David Kelly, Tony Licata, Stan Hall, Mike Taylor Nay: 1 -Tom Hart Absent: 1 -Jon Ayers Abstain: 1 -Carol Wollin 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Tony Licata, Stan Hall, Tom Hart, Mike Taylor Absent: 2 -Carol Wollin, Jon Ayers Mayor Kelly adjourned the meeting at 10:37 p.m. APPROVED BY A VOTE OF ~ AYES, ® NAYS AND D ABSTENTIONS ON THIS THE DAY OF ~ 2008. Minutes taken and prepared by: Cynthia Singleton, TRMC, CM City Secretary City of Colleyville Page 17 Printed on 11/7/2008