HomeMy WebLinkAboutCity Council-Minutes-11/18/2008,,.,,,
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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
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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.
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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'
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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.
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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
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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
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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