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HomeMy WebLinkAboutCity Council-Minutes-11/18/2008,,.,,, ~~~~~>~ ~l{~ ,:.:;~ City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, November 18, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the process for filling an unexpired term on the Senior Center Advisory Committee PC-2 Presentation of the Monthly Financial Report -October 2008 PC-3 Presentation of the Quarterly Investment Report PC-4 Discussion of the November 18, 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. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville 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 11/14/2008 City Council Agenda November 18, 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 Dale Smith, Colleyville Presbyterian 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-08-3030 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the Colleyville Garden Club for a donation of bronze sculptures to be displayed at McPherson Park -Carol Wollin, President, Colleyville Garden Club 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3031 4a Approval of the minutes of the regular City Council meeting of November 5, 2008 4b Approval to adopt a supplemental sidewalk system map related to the "Colleyville Pathways Plan" 4c Approval of naming the trail at the Colleyville Nature Center, Mike Rambo Memorial Nature Trail City of Colleyville Page 2 Prinfed on 11/14/2008 City Council Agenda November 18, 2008 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1699 Approval of a request to amend the Planned Unit Development of Lot 1 R, Block 1 of The Gardens Addition located at 7011 Colleyville Boulevard, Case Z-08-021 5b 0-08-1700 Approval of an electric power contract with Cities Aggregation Power Project, Inc. (CAPP) pursuant to a 24-year power purchase agreement (PPA) and authorizing the City Manager to execute the disclosure letter, agreements and member contract 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1701 Approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-3032 Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority 8. TABLED ITEM AND PUBLIC HEARING 8a 0-08-1695 Approval of a request for a zoning change from R-20-Single Family Residential to CPO-Professional Office Commercial on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Planning and Zoning Commission Minutes -October 13, 2008 Sign Board of Appeals Minutes -October 14, 2008 Commuter Rail Committee Minutes -October 27, 2008 Commuter Rail Committee Minutes -November 4, 2008 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 18, 2008 -Reading and Public Hearing -Resolution R-08-3033 City of Colleyville Page 3 Printed on 11/14/2008 City Council Agenda November 18, 2008 12. ADJOURNMENT: I hereby certify the above agenda was November 14, 2008, b Cynthia Singleton, TRMC, C City Secretary on the bulletin boards at City Hall on Friday, 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 11/14/2008 ~~ ~~ City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 ~~~~~ www.colleyville.com City Council Tuesday, November 18, 2008 CITY COUNCIL CHAMBERS City Secretary Cynthia Singleton stated, in the absence of the Mayor and Mayor Pro Tem, the City Council Rules of Procedure provide that the City Secretary will call the meeting to order and the City Council will elect a Councilmember to preside. The Pre Council meeting of the Colleyville City Council was called to order by City Secretary Cynthia Singleton on November 18, 2008, at 5:40 p.m. Councilmember Wollin nominated Councilmember Hart to preside during the meeting and the nomination was accepted by acclamation of the City Council. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart and Mike Taylor were present. Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Lieutenant Rodney Cunningham, Finance Director Terry Leake, Public Works Director Steve Chutchian, Community Development Manager Ron Ruthven, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:30 p.m. Mayor David Kelly and Councilmember Stan Hall were absent. PC-1 Discussion of the process for filling an unexpired term on the Senior Center Advisory Committee City Secretary Cynthia Singleton stated a member of the Senior Center Advisory Committee resigned effective November 11, 2008, and reviewed the options City Council may consider for filling the position. The City Council determined the position would be advertised with those whose terms are expiring December 2008 and consider the appointment during the December 16, 2008 City Council meeting. City of Colleyville Page 1 Printed on 12/3/2008 City Council City Council Minutes November 18, 2008 PC-2 PC-3 PC-4 Presentation of the Monthly Financial Report -October 2008 Finance Director Terry Leake presented the October 2008 Monthly Financial Report and reported the percentage of current year taxes collected is slightly ahead of the percentage collected for October 2007. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented the Quarterly Investment Report. Discussion of the November 18, 2008 regular agenda items There was discussion regarding agenda Item 5b, approval of an electric power contract, related to the current and future cost of natural gas and the 24-year projection. There was discussion regarding agenda Item 6a, approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville, and Interim City Manager Kelly Cooper stated the City Council may want to consider an increase in the Atmos Energy Corporation franchise fee from 4% to 5%, which would increase a residential bill $0.20 to $0.50 and a commercial bill $3.50 per month, based on usage. Discussion ensued regarding options for adjusting the franchise fee and the economic climate. The City Council requested staff provide the franchise fees of surrounding cities. City Attorney Michael Kallas advised, if the City Council desires, the ordinance may be prepared with a 5% franchise fee. There being no further discussion, Councilmember Hart adjourned the Pre Council meeting at 6:06 p.m. The regular meeting of the Colleyville City Council was called to order by Councilmember Hart on November 18, 2008, at 6:07 p.m. City of Colleyville Page 2 Printed on 12/3/2008 City Council City Council Minutes November 18, 2008 ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor David Kelly and Councilmember Stan Hall were 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. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville 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 City of Colleyville Page 3 Printed on 12/3/2008 City Council City Council Minutes November 18, 2008 Mayor Pro Tem Jon Ayers 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 6:50 p.m. and reconvened at 7:31 p.m. INVOCATION: Pastor Dale Smith, Colleyville Presbyterian Church PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-3030 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin invited citizens to attend Celebrate Colleyville, December 5, 2008 from 4:00 p.m. to 10:00 p.m. at the Colleyville Center and enjoy the giant snow hill ride, the Mind Winder and various activities and entertainment. Councilmember Wollin announced the Colleyville Woman's Club Holiday Tour of Homes will be held Sunday, December 7, 2008. Councilmember Licata stated Ms. Cathleen Lewis and her son, Rex Lewis-Clack, who has overcome autism in many ways through music and is a musical savant, will appear December 2, 2008, at 7:00 p.m. at Good Shepherd Catholic Community in Colleyville and on CBS "60 Minutes", Sunday, November 23, 2008, at 6:00 p.m. Councilmember Wollin, who serves as President of the Colleyville Garden Club, introduced members Ms. Susan Taylor and Ms. Kathleen Sorrell, presented the history of the Club and invited citizens to the Promenade Garden Tour, Sunday, May 3, 2009, 11:00 a.m. to 4:00 p.m. Ms. Taylor and Ms. Sorrell, on behalf of the Colleyville Garden Club, unveiled and presented two bronze sculptures to the City. Councilmember Wollin expressed appreciation to the Colleyville Garden Club for the sculptures, which will be displayed at McPherson Park. City of Colleyville Page 4 Printed on 12/3/2008 City Council City Council Minutes November 18, 2008 Parks and Recreation Director Monica Walsh commended the Garden Club for enhancing City facilities and parks and for the donation of the sculptures. 4. 4a 4b 4c Approval of the minutes of the regular City Council meeting of November 5, 2008 Approval to adopt a supplemental sidewalk system map related to the "Colleyville Pathways Plan" Approval of naming the trail at the Colleyville Nature Center, Mike Rambo Memorial Nature Trail Mayor Pro Tem Ayers read Resolution R-08-3031 in its entirety. Mayor Pro Tem Ayers opened the public hearing. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the height requirements for weeds, grass and uncultivated plants, wild flower areas and in opposition to the construction of sidewalks. Mr. David Ball, 705 Ruby Court, Grapevine, Texas, Troop Chaplain,Troop 28, expressed appreciation to City Council for consideration of naming the Colleyville Nature Center trail, the Mike Rambo Memorial Nature Trail and spoke of Mr. Rambo's enthusiasm for teaching, dedication and contributions to scouting. Mr. Tim Gauntt, 5507 Clermont Court, representing Boy Scouts, Troop 28, spoke in support of naming the Colleyville Nature Center trail, the Mike Rambo Memorial Nature Trail and regarding Mr. Rambo's commitment to scouting. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor spoke regarding the ordinance regulating the maximum height of weeds, grass or uncultivated plants in response to citizens and the protection of home values. Councilmember Taylor moved to approve Resolution R-08-3031. Councilmember Hart seconded the motion. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3031' City of Colleyville Page 5 Printed on 12/3/2008 City Council City Council Minutes November 18, 2008 The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall Councilmember Licata stated the Trails and Sidewalks Committee studied the need for sidewalks and identified areas for sidewalk construction to facilitate a safe path to schools and create a pedestrian friendly city. He expressed appreciation to members of the Trails and Sidewalks Committee for developing the sidewalk system map. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1699 Approval of a request to amend the Planned Unit Development of Lot 1 R, Block 1 of The Gardens Addition located at 7011 Colleyville Boulevard, Case Z-08-021 Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1699. Mayor Pro Tem Ayers opened the public hearing. Mr. Ty Thompson, 1501 Merrimac Circle, Fort Worth, Texas, applicant, was present to answer questions of the City Council There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-08-1699. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall 5b 0-08-1700 Approval of an electric power contract with Cities Aggregation Power Project, Inc. (CAPP) pursuant to a 24-year power purchase agreement (PPA) and authorizing the City Manager to execute the disclosure letter, agreements and member contract Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1700. City of Colleyville Page 6 Printed on 12/3/2008 City Council City Council Minutes November 18, 2008 Mayor Pro Tem Ayers opened the public hearing. 6 6a Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1701. Management Assistant Christine Loven provided an overview of the terms of the proposed franchise agreement between Atmos Energy Corporation and the City and presented the option for City Council's consideration of increasing the franchise fee from 4% to 5%. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding expenses associated with maintaining the rights-of-way and ensuring the City is receiving adequate compensation for construction and management of the rights-of-way. The City Council requested staff to provide the franchise fee rates of area cities. Councilmember Licata asked the City Attorney if the ordinance should be prepared at the 4% or 5% rate in consideration of City Council receiving additional information that may need to be considered at the second reading and public hearing. City Attorney Michael Kallas stated, "The ordinance for the second reading should be changed to show the franchise rate of 5% so that There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-08-1700. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall ORDINANCE(S): FIRST READING AND PUBLIC HEARING 0-08-1701 Approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville City of Colleyville Page 7 Printed on 12/3/2008 City Council City Council Minutes November 18, 2008 Atmos will be on notice of the maximum rate the City is considering adopting. This does not mean that the rate cannot be changed to 4% on the second reading if the City Council desires to reduce the rate". Ms. Mary Jean Mahoney, representing Atmos Energy Corporation, stated Atmos is neutral regarding a 4% or 5% franchise fee. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-3032 Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority Mayor Pro Tem Ayers read Resolution R-08-3032 in its entirety. Finance Director Terry Leake stated the Trinity River Authority, who is the sole provider of the City's treated water and wastewater, increased the water and sewer rates due to greater costs for chemicals and debt service and provided information regarding the current and proposed water and sewer rate structure. Mayor Pro Tem Ayers opened the public hearing. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the timeframe and frequency of the rate increase. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding the timeframe of the rate increase. Councilmember Hart moved to approve Resolution R-08-3032. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall 8. TABLED ITEM AND PUBLIC HEARING 8a 0-08-1695 Approval of a request for a zoning change from R-20-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 City of Colleyville Page 8 Printed on 12/3/2008 City Council City Council Minutes November 18, 2008 Mayor Pro Tem Ayers stated Ordinance 0-08-1695 is tabled and is a continuation from the October 21, 2008, City Council meeting and must receive a supermajority vote by the City Council in order to be approved. He further stated a full City Council is not present and the applicant requested the item be continued to the December 2, 2008 City Council meeting. Mayor Pro Tem Ayers moved to continue Ordinance 0-08-1695 to the December 2, 2008 City Council meeting. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. REPORTS: Planning and Zoning Commission Minutes -October 13, 2008 Sign Board of Appeals Minutes -October 14, 2008 Commuter Rail Committee Minutes -October 27, 2008 Commuter Rail Committee Minutes -November 4, 2008 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 18, 2008 -Reading and Public Hearing -Resolution R-08-3033 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Hart moved to adjourn. Councilmember Wollin seconded the motion. City of Colleyville Page 9 Printed on 12/3/2008 City Council City Council Minutes November 18, 2008 The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall APPROVED BY A VOTE OF S AYES, NAYS ND ~ ABSTENTIONS ON THIS THE ~ DAY OF 2008. Minutes taken and prepared by: ~'~..~- . ynthia Singleton, TRMC, MC City Secretary City of Colleyville Page 10 Printed on 12/3/2008