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HomeMy WebLinkAboutCity Council-Minutes-5/5/2009~.4~ ~ of r ,.~.. City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 5, 2009 5:30 PM CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of possible amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs PC-2 Presentation of the Monthly Financial Report -March 2009 PC-3 Presentation of the mid-year Fiscal Year 2009 budget update PC-4 Discussion of the May 5, 2009 regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -City owned remnant parcels (former water well sites) 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 1 Printed on 5/1/2009 City Council Agenda May 5, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Lee Johnson, Bear Valley Community 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-09-3090 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation - In recognition of the Colleyville Garden Club's 16th Promenade Garden Tour, May 3, 2009 - Carol Wollin, Garden Club President, Kathleen Sorrell and Suzanne Hughes, Promenade Co-Chairs Proclamation - In recognition of the Keep America Beautiful Great American Cleanup and Arbor Day in Colleyville on May 16, 2009, and the City of Colleyville's 11th year designation as a Tree City USA community - John and Charna Gray, Chairmen, Keep Colleyville Beautiful Proclamation and Presentation - In recognition of Building Safety Week, May 3-9, 2009 and Presentation of the 2008 Building Officials of Texas (BOAT) award -Bill Elliott, Building Official Proclamation - In recognition of Public Service Recognition Week, May 4-10, 2009 -City Employees Presentation - Colleyville Mayor's 2009 Community Service Award presented to Don C. Davis in recognition of extraordinary service to the community -Mayor David Kelly Presentation - In recognition of the Colleyville Fire Department Fire Prevention Clown Program, Joyce Dunkerley, FM Global - Rob McKeown, Fire Marshal City of Colleyville Page 2 Printed on 5H/2009 City Council Agenda May 5, 2009 Presentation - In recognition of Colleyville Fire Department personnel for their deployment during the North Texas wildfires, April 9-11, 2009 - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3091 4a Approval of the minutes of the regular City Council meeting of April 14, 2009 4b Approval of the minutes of the regular City Council meeting of April 7, 2009 4c Approval of the minutes of the regular City Council meeting of March 24, 2009 4d Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of April 14, 2009 4e Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 4f Approval of a construction contract with Peachtree Construction, Inc., for the Street Rehabilitation in Tara Plantation Subdivision Project, in the amount of $400,509.00, and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000 4g Approval of reallocation of funding sources for the construction of McPherson Park Final Phase and the Colleyville Senior Center Open Space Trail 4h Approval to renew a contract with ADPI-Intermedix for ambulance billing services, and authorizing the City Manager to execute the contract 4i Approval of a contract with I-Stream for direct deposit of ambulance billing revenues, and authorizing the City Manager to execute the contract 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings City of Colleyville Page 3 Printed on 5/1/2009 City Council Agenda May 5, 2009 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3092 Approval of a request from the Blue Shoe Project for a Mass Gathering Event to be held on June 13, 2009 in the Village at Colleyville, Case GC09-006 sb R-09-3093 Approval of a Resolution rescinding Resolution 30R0695 supporting local option taxes and fees to fund transportation including Rail North Texas 7. CITIZEN COMMENTSIPRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Senior Center Advisory Committee Minutes -March 19, 2009 Planning and Zoning Commission Minutes -March 23, 2009 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 5, 2009 - Reading and Public Hearing -Resolution R-09-3094 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 1, 2009, by 5:00 p.m. 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 5/1/2009 ~.~,.~., r,•s+* City Council City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 5, 2009 5:30 PM CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 5, 2009, at 5:41 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, 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, Planner Justin Bass, Library Director Mary Rodne, Communications Manager Mona Gandy, Colleyville Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Accountant Karen Hines, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of possible amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs Planner Justin Bass provided an overview of the proposed amendments to Chapter 7 - Sign Regulations of the Land Development Code regarding electronic signs and answered questions of the City Council. PC-2 Presentation of the Monthly Financial Report -March 2009 Finance Director Terry Leake presented the March 2009 Financial Report and answered questions of the City Council. PC-3 Presentation of the mid-year Fiscal Year 2009 budget update Finance Director Terry Leake presented the mid-year Fiscal Year 2009 update and stated due to the change in terms of the Atmos Gas Franchise agreement, the gas franchise payment will be received ~ quarterly and answered questions of the City Council. City of Colleyville Page 1 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 PC-4 Discussion of the May 5, 2009 regular agenda items Mayor Kelly provided information regarding Consent Item 4g related to the reallocation of funds to the Colleyville Economic Development Fund and the Utility Fund. City Manager Jennifer Fadden stated Agenda Item 6a is the first mass gathering request under the new ordinance and requested Community Development Manager Ron Ruthven to review the regulations for mass gatherings and provide information regarding the proposed event. Ms. Heather Parker, Development and Communications Director, The Blue Shoe Project, spoke regarding signage for the event. There was general discussion regarding the type and number of signs. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:14 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 5, 2009, at 6:14 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, 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, Planner Justin Bass, Library Director Mary Rodne, Communications Manager Mona Gandy, Colleyville Center Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Accountant Karen Hines, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda S.ec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville City of Colleyville Page 2 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Mayor Kelly reviewed the process for City Council's consideration of resolutions and ordinances and for speaking before the City Council. 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3090 INVOCATION: Pastor Lee Johnson, Bear Valley Community Church PLEQGE OF ALLEGIANCE: City Attorney Matthew Boyle Mayor Kelly read Resolution R-09-3090 in its entirety. Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -City owned remnant parcels (former water well sites) 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 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 6:15 p.m. and reconvened at 7:32 p.m. 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-09-3090. Councilmember Taylor seconded the motion. City of Colleyville Page 3 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly expressed appreciation to Mr. David Bagwell for the donation of trees to Bransford Elementary and students and to the City of Colleyville City Park. Mayor Kelly announced the Keep Colleyville Beautiful and Clean Sweep and Live Green City Festival event on May 16, 2009. Keep Colleyville Beautiful volunteers will pick up trash across the City. Citzens may dispose of bulk trash, household hazardous waste and shred documents 8:00 a.m. to 11:00 a.m. in the south parking lot of City Hall and attend the Live Green Festival at McPherson Park, 11:00 a.m. to 1:00 p.m. Mayor Kelly invited citizens to attend a free concert with entertainment by the King Creole Band on May 21, 2009, at 6:30p.m. at the Colleyville Center. Mayor Kelly presented a Proclamation to Carol Wollin, President, Colleyville Garden Club and members Kathleen Sorrell and Suzanne Hughes in recognition of the Colleyville Garden Club's 16th Promenade Garden Tour. Ms. Wollin expressed appreciation to the City for sponsorship of the event and to Communications Manager Mona Gandy and Parks and Recreation Director Monica Walsh for assistance with the event. Ms. Sorrell spoke regarding the community organizations that are supported by the Colleyville Garden Club Promenade Tour fundraiser. Mayor Kelly presented a Proclamation to Keep Colleyville Beautiful Chairpersons John and Charna Gray, in recognition of the Keep America Beautiful Great American Cleanup and Arbor Day in Colleyville. Mrs. Gray expressed appreciation to the City and the Colleyville Garden Club for making Colleyville a beautiful City. Mayor Kelly presented a Proclamation to Building Official Bill Elliott, Building Inspector Gary Jenkins, Permit Clerk Sammie Bolling and Code Enforcement Officer Ky Roby in recognition of Building Safety Week. "' Mr. Elliott expressed appreciation to the Mayor and City Council for the recognition. Cify of Colleyville Page 4 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 Mayor Kelly presented the 2008 Building Officials of Texas award to Building Official Bill Elliott. Mayor Kelly presented a Proclamation in recognition of Public Service Recognition Week and recognized Fire Marshal Rob McKeown, Billing Supervisor Theresa Fox, Operations Manager Kelly Howell and Police Lieutenant Rodney Cunningham for years of service with the City. City Manager Jennifer Fadden commended City employees for service to the community. Mayor Kelly stated the City of Colleyville has the best employees in the area. Mayor Kelly presented the Mayor's 2009 Community Service Award to Mr. Don Davis in honor of his dedication to the community as a member of the Colleyville Lions Club and the Lone Star Corvette Club, and as a board member of SCORE, United Way and Boy Scouts of America, and as a reserve Police Officer for the Colleyville Police Department. A tree will be planted in honor of Mr. Davis, on May 16, 2009, at McPherson Park. Mr. Davis expressed appreciation for the award and stated it is a pleasure to serve the community. Ms. Joyce Dunkerley of FM Global presented a grant, in the amount of $2,000.00, to the Colleyville Fire Department Fire Prevention Clown Program. Fire Marshal Rob McKeown expressed appreciation to Ms. Dunkerley and FM Global for the grant and to Deputy Emergency Management Coordinator Andrea Renegar for writing the grant. Mayor Kelly recognized Colleyville Fire Department personnel for deployment during the North Texas wildfires. Interim Fire Chief Russell Shelley reported the Colleyville Fire Department deployed Battalion Chief Mark Cantrell, Lieutenant James Bransford, Firefighter Daniel Torti, Firefighter Michael Stephens, Firefighter Terry Wisdon and Lieutenant Kirt Mays to assist during the North Texas wildfires April 9-11, 2009. Mayor Kelly, on behalf of residents and the City Council, expressed ,~,~.~, appreciation to the fire department, personnel for their service. ~„~,, City of Colleyville Page 5 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3091 4a Approval of the minutes of the regular City Council meeting of April 14, 2009 4b Approval of the minutes of the regular City Council meeting of .April 7, 2009 4c Approval of the minutes of the regular City Council meeting of March 24, 2009 4d Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of April 14, 2009 4e Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 4f Approval of a construction contract with Peachtree Construction, Inc., for the Street Rehabilitation in Tara Plantation Subdivision Project, in the amount of $400,509.00, and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000 4g Approval of reallocation of funding sources for the construction of McPherson Park Final Phase and the Colleyville Senior Center Open Space Trail 4h Approval to renew a contract with ADPI-Intermedix for ambulance billing services, and authorizing the City Manager to execute the contract 4i Approval of a contract with I-Stream for direct deposit of ambulance billing revenues, and authorizing the City Manager to execute the contract Mayor Kelly read Resolution R-09-3091 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-09-3091. Councilmember Hall seconded the motion. City of Colleyville Page 6 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Mayor Kelly read the caption of Ordinance 0-09-1716. City Manager Jennifer Fadden stated this item was placed on the agenda in accordance with Section 5 of the City of Colleyville Charter under citizen initiative. The requisite number of signatures was submitted under the petition to the City of Colleyville on April 21, 2009, and in accordance with the City Charter, the City Secretary certified the requisite number of signatures. Mayor Kelly opened the public hearing. Mr. Chris Whitaker, 7204 Marantha, stated the initiative is about freight, better traffic in Colleyville and improving the quality of life in Colleyville and spoke regarding the rail plan as proposed by the RTC, the petition process, the reason for submission of the petition and the goal of the ordinance. Mr. Jim Moore, 1416 Glade Road, stated he has no knowledge of plans for a rail station in Colleyville and spoke regarding the rights of citizens and future City Council authority. Mr. Burdette Warner, 1621 Heathermore, did not wish to speak but registered support of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers reviewed the process for submission of a citizen petition and the action and authority of City Council related to the petition. City Attorney Matthew Boyle stated, Section 6.02 of the Charter says that once submitted by petition, the draft legislation must be considered for approval without alteration as to meaning or effect. City of Colleyville Page 7 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 +~^ City Attorney Matthew Boyle confirmed the City Council must accept the petition and legislation as submitted and City Council must approve the proposed ordinance or if the City Council does not approve the ordinance, the issue must go to the citizens for a vote at the next election. Mayor Pro Tem Ayers asked the City Attorney if most legislation presented to City Council for consideration has been reviewed by the City Attorney and staff to determine if it meets all legal requirements. The City Attorney responded, "Yes'. Mayor Pro Tem Ayers asked the City Attorney if the proposed ordinance was reviewed and the City Attorney said it was not. Mayor Pro Tem Ayers asked the City Attorney if he believes that provisions of the proposed ordinance are enforceable under federal or state laws? City Attorney Matthew Boyle stated, "I believe there are mulitiple provisions of the proposed ordinance whose enforceability would prove problematic." Mayor Pro Tem Ayers spoke regarding a provision in the Interstate Commerce Commission Termination Act, which is known as ICCTA., regarding rail activity. City Attorney Matthew Boyle stated that the provision puts the general ability to regulate the operation and construction of rail within the United States within the sole purvue of an arm of the federal government and prohibits municipalities from enacting legislation that would affect the ability of a rail company to operate its rail system. The City Attorney stated the Dallas Area Rapid Transit, with a partial interest in the Fort Worth and Western Railroad owns the rail system and the City does not maintain any ownership of the railroad. He further stated the City's jurisdiction ends at the DART right-of-way and the City does not have any jurisdiction over the operation of rail traffic through the City. The City Attorney confirmed the draft ordinance would be prohibitive under the federal pre-emption provision of the United States Constitution, as well as the Interstate Commerce Commission Termination Act. ~.,,, City Attorney Matthew Boyle stated that the precedent would prove the enforceability of the draft ordinance an impossibility. The two provisions City of Colleyville Page 8 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 that stand out as being the most problematic are Section 2 and Section 4 of the proposed ordinance and the City Council cannot exclude those sections based on the limitations of the Charter. Mayor Pro Tem Jon Ayers asked if this item was on the ballot in November and the ctizens were unanimous in their decision to enact this piece of legislation, would it have any effect? The City Attorney stated it would not affect the otherwise challenges and difficulties with the ordinance's enforceability. Mayor Pro Tem Ayers asked if the City can make DART install overpasses or lower the rail bed. The City Attorney stated, absent a mutual agreement of parties, it could not be accomplished by ordinance. Mayor Pro Tem Ayers stated the City Council is faced with a situation to vote on a piece of legislation that is unenforceable or to fund an election, that if approved by a citizen vote, would prove a nullity. The City Attorney stated the primary action provisions of the ordinance would be a nullity. Mayor Pro Tem Ayers asked the City Attorney if the City Council has taken any vote that approved the idea of a rail stop in the City of Colleyville or has the City Attorney been asked to craft any piece of legislation that says there is going to be a railstop in Colleyville? The City Attorney responded, "No". The City Attorney stated, "On this ordinance that is before you, it is set for a first reading this evening, so it is set for a second reading two weeks from tonight. If two weeks from tonight, the City Council took no action, City Council would face a difficulty, because Council would have the potential of being out of conformance with City Council's obligations and duties under the Charter." Mayor Pro Tem Ayers stated even though the City Council may think this piece of particular legislation is ineffective; even though we think it is perhaps illegal; even if we think perhaps it inquires, requires and imposes duties on the rail system that City Council does not have the power to enforce, the City Council is still faced with the prospect of having to put this ordinance to a citizen vote. City of Colleyville Page 9 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 f'"` The City Attorney stated based on the City Charter requirements and ``~"'' limitations for a petition oriented initiative, that is correct, and an election will cost between $8,500.00 and $12,000.00. The City Attorney stated based on the bulk of the action provisions, the ordinance would be null and void based on an assessment and understanding of federal law and the case law interpreting it. Mayor Kelly asked what authority would future City Councils have to change the ordinance. The City Attorney stated, "Section 6.09 of the City Charter states that no ordinance or resolution, which may have been passed by the City Council upon petition or as a result of a popular vote under the provisions of this article, shall be repealed or amended for a period of five (5) years thereafter." The City Attorney stated the City Charter has a general savings provision that says if particular sections of the ordinance were kicked out by the Court, that the decision by the Court would be binding and effective against the City. There was general discussion regarding the outcome for municipalties if they try to legislate beyond their sphere of authority, ensuring the railroad operates in accordance with regulations and the City's relationship with the rail authorities. Councilmember Taylor ask the City Attorney if the home rule authority stops at the easement. The City Attorney stated the City has no regulatory authority relative to the operation, construction or maintenance of the rail going through Colleyville and the City can only obtain quad gates, sound walls and quiet zones by mutual agreement between the City and the rail authorities. Councilmember Wollin stated opposition to a rail station in Colleyville and spoke regarding the unenforceability of the proposed ordinance. Councilmember Hall spoke regarding the unenforceability of the proposed ordinance and regarding the benefit of an election. Councilmember Hart stated there is not a location in Colleyville to support a rail station and the cost of a rail station is prohibitive. P,. Cify of Colleyville Page 10 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 Mayor Kelly stated opposition to using General Funds for a rail station and spoke regarding the protection of property values, sound mitigation and quad gates if the rail expands. Councilmember Taylor commended the Rail Committee for their work and stated the City did not plan for a rail station, space is an issue and property values must be protected. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3092 Approval of a request from the Blue Shoe Project for a Mass Gathering Event to be held on June 13, 2009 in the Village at Colleyville, Case GC09-006 Mayor Kelly read Resolution R-09-3092 in its entirety. Community Development Manager Ron Ruthven provided information regarding the proposed Blue Shoe Blues Festival and the mass gathering regulations and proposed waivers. Mayor Kelly opened the public hearing. Ms. Heather Parker, Development and Communications Director, The Blue Shoe Project, provided information regarding the festival activities, promotion of the event and number of attendees. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-09-3092. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6b R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Mayor Kelly read Resolution R-09-3093 in its entirety. City of Colleyville Page 11 Printed on 5!20!2009 City Council City Council Minutes May 5, 2009 City Manager Jennifer Fadden stated this item was placed on the agenda in accordance with Section 5 of the City of Colleyville Charter under citizen initiative. The requisite number of signatures was submitted under the petition to the City of Colleyville on April 21, 2009, and in accordance with the City Charter, the City Secretary certified the requisite number of signatures. Mayor Kelly opened the public hearing. Mr. Chris Whitaker, 7204 Marantha, expressed appreciation to Mayor Pro Tem Ayers for the summary of points, stated the resolution is the more important of the ordinance and resolution and spoke regarding traffic concerns, sound mitigation, freight traffic, electric lines versus diesel lines and communications with DEIS. Mr. Burdette Warner, 1621 Heathermore, did not wish to speak but registered support of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers asked the City Attorney if the same questions were asked about Resolution R-09-3093 that were asked about Ordinance 0-09-1716, would the answers be the same. City Attorney Matthew Boyle stated, "Yes, the material issues remain the same." Mayor Pro Tem Ayers stated the resolution does not attempt to force DART or any other entity to do anything. It is a resolution urging the entities to act a certain way. Mayor Pro Tem Ayers stated there is another issue with this resolution because it deals with rescinding another resolution that was passed February 3, 2009. We are faced with the concept that we as a Council, because this is a citizen petition, are left with very little or no perogative to change the resolution. In other words, if the City Council votes to accept it tonight, we have to accept it exactly as it is. City Attorney Matthew Boyle stated that is correct as a general rule. The only very narrow and limited window as an alternative would be to the extent you could better discern the opinion of the person filing the petition per Section 6.02 of the City Charter. Mayor Pro Tem Ayers stated, if City Council gets into the subjective ,~.. interpretation for the person filing the petition, then the City Council is faced with the issue as to whether or not the people that actually adhered their signatures to the petition, accepted it that way or not. City of Colleyville Page 12 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 Short of basically making changes to this resolution and resubmitting it to the approximately 600 to 700 citizens for a review, we do not know whether they would sign it or not. Mayor Pro Tem Ayers stated the resolution that seeks to be rescinded is Resolution R-09-3065 and stated this resolution provides that Tarrant County could not levy taxes unless it went to the citizens for a vote, so before any of these items could be levied, it would have to voted on by the citizens of Tarrant County. Mayor Pro Tem Ayers further stated, Resolution R-09-3065 is not the same number in the piece of legislation that is before the City Council tonight. The resolution that is being considered tonight is Resolution 30R0695. If the City Council were to approve this piece of legislation as it is written tonight, the City Council would be rescinding a Resoluiton that does not exist. There is no such resolution. If it were to be submitted to the voters in November as is, we would be funding. an election at a cost of $8,500.00 to $12,000.00 and asking residents to vote to rescind a resolution that does not exist. There was general discussion regarding the content and purpose of Resolution R-09-3065. Mayor Pro Tem Ayers moved to table Resolution R-09-3092, and requested the petitioner to talk with the City Attorney regarding other options. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Senior Center Advisory Committee Minutes -March 19, 2009 Planning and Zoning Commission Minutes -March 23, 2009 There was no discussion of this item. '~..• City of Colleyville Page 13 Printed on 5/20/2009 City Council City Council Minutes May 5, 2009 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 5, 2009 - Reading and Public Hearing -Resolution R-09-3094 This resolution was not needed. 10. 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: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 9:30 p.m. APPROVED BY A VOTE OF _~ AYES, O NAYS AND _~ ABSTENTIONS ON THIS THE ~/'.~~ DAY OF Y 2009. Minutes taken and prepay Cynthia Singleton, TRMC, CMC City Secretary { City of Colleyville Page 14 Printed on 5/20/2009