HomeMy WebLinkAboutCity Council-Minutes-5/19/2009City of Colleyville 100 Main Street
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City Council
Tuesday, May 19, 2009 CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of health insurance renewal and bid process
PC-2 Update regarding objections received to changes to the escrow policy
for sidewalks as amended by Ordinance 0-09-1712
PC-3 Presentation of the Monthly Financial Report -April 2009
PC-4 Presentation of the Quarterly Investment Report
PC-5 Discussion of the May 19, 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 - Rischon
Development Corporation v. City of Colleyville
Sec. 551.071 -Legal -Discussion of pending claim - 5517 Oak Top
Drive
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property -Mineral Rights
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 5/15/2009
City Council Agenda May 19, 2009
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor Eric Lee, 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-09-3095
3. RESOLUTION:
READING AND PUBLIC HEARING -Resolution R-09-3096
3a R-09-3096 Canvassing the results of the General Election held May 9, 2009 for
Councilmembers, Place 5 and Place 6
4. OATH OF OFFICE
Administration of the Oath of Office to Councilmembers, Place 5 and
Place 6
5. RECEPTION FOR CITY COUNCIL
6. ANNOUNCEMENTS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of National Public Works Week, May 17-23,
2009 -Steve Chutchian, Public Works Director; Kelly Howell, Operations
Manager; Ken Tywater, Utility Superintendent; James Watkins,
ROAD-E-O Coordinator
Presentation - Recognition of the Citizen's Fire Academy Alumni
Association Rehab Unit and Colleyville Citizens on Patrol
7. ELECTION OF MAYOR PRO TEM
7a Election of Mayor Pro Tem
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City Council Agenda May 19, 2009
8. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3097
8a Approval of the minutes of the regular City Council meeting of May 5,
2009
9. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
9a 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
10. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
10a 0-09-1718 Approval to amend Ordinance 0-08-1701 regarding the existing gas
franchise between the City and Atmos Energy, Section 19 Payments to
the City
10b 0-09-1719 Approval of amendments to Chapter 7 -Sign Regulations of the Land
Development Code regarding electronic signs, Case G-09-006
11. RESOLUTION(S):
READING AND PUBLIC HEARING
11a R-09-3098 Approval of the City of Colleyville's continued participation with the
Steering Committee of Cities Served by Oncor, and authorizing the
payment of $0.10 per capita to the Steering Committee to fund
regulatory and related activities relative to Oncor Electric Delivery
11 b R-09-3099 Acting on the resignation of Councilmember Tony Licata, Place 2
12. TABLED ITEM:
READING AND PUBLIC HEARING
12a 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
13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
14. REPORTS:
Colleyville Public Library Board Minutes -February 9, 2009
Planning and Zoning Commission Minutes -April 13, 2009
City of Colleyville Page 3 Printed on 5/15/2009
City Council Agenda May 19, 2009
15. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 19, 2009 -
Reading and Public Hearing -Resolution R-09-3100
16. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
May 15, 20 y 5:00 p .
3~~
Cyn hia 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 5/15/2009
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City Council
Tuesday, May 19, 2009 CITY COUNCIL CHAMBERS
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on May 19, 2009, at 5:33 p.m.
ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart,
Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor
David Kelly, City Manager Jennifer Fadden, Police Chief Tommy
Ingram, Interim Fire Chief Russell Shelley, Public Works Director
Steve Chutchian, Finance Director Terry Leake, Interim Community
Development Director Ron Ruthven, Library Director Mary Rodne,
Human Resources Manager Elise Welborn,
Communication/Marketing Director 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.
Councilmember Tony Licata was absent.
PC-1 Discussion of health insurance renewal and bid process
Human Resources Manager Elise Welborn stated the City has retained
a new benefits consultant and introduced Mr. Christian Moreno and Mr.
Rich Allen of Cooper Corporate Solutions and provided general
information regarding preliminary projected health insurance rates.
Mr. Christian Moreno of Cooper Corporate Solutions, provided
information regarding the services of Cooper Corporate Solutions,
negotiotions with healthcare providers and expressed appreciation for
the opportunity to work on behalf of the City.
There was general discussion regarding health insurance rate increases
and the health plan structure.
PC-2 Update regarding objections received to changes to the escrow policy for
sidewalks as amended by Ordinance 0-09-1712
Interim Community Development Director Ron Ruthven provided an
update of objections regarding the escrow policy for sidewalks, the
criteria for determining refunds, an overview of the appeal process and
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City Council City Council Minutes May 19, 2009
stated staff recommends that eleven requests for refunds be approved.
City Council determined that three appeals per City Council meeting will
be considered.
PC-3
PC-4
PC-5
Presentation of the Monthly Financial Report -April 2009
Finance Director Terry Leake presented the April 2009 monthly financial
report and answered questions of the City Council.
Presentation of the Quarterly Investment Report
Finance Director Terry Leake presented the Quarterly Investment Report
and answered questions of the City Council.
There was general discussion regarding the various investment
instruments.
Discussion of the May 19, 2009 regular agenda items
There was no discussion of the regular agenda items.
There being no further discussion, Mayor Kelly adjourned the Pre
Council meeting at 6:02 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on May 19, 2009, at 6:02 p.m.
ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart,
Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor
David Kelly, City Manager Jennifer Fadden, Police Chief Tommy
Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief
Russell Shelley, Public Works Director Steve Chutchian, Finance
Director Terry Leake, Interim Community Development Director Ron
Ruthven, Library Director Mary Rodne, Human Resources Manager
Elise Welborn, Communications/Marketing Director Mona Gandy,
Parks and Recreation Director Monica Walsh, Planner Justin Bass,
Management Assistant Christine Loven, Audio Visual Technician
Lawrence Gise, City Attorney Matthew Boyle and City Secretary
Cynthia Singleton were also present.
Councilmember Tony Licata was absent.
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City Council City Council Minutes May 19, 2009
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 - Rischon
Development Corporation v. City of Colleyville
Sec. 551.071 -Legal -Discussion of pending claim - 5517 Oak Top
Drive
Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or
value of real property -Mineral Rights
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
INVOCATION: Councilmember Mike Taylor
2.
3.
3a
Mayor Kelly read Resolution R-09-3096 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 Wollin moved to approve Resolution R-09-3096.
Councilmember Hall seconded the motion.
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-09-3095
This resolution was not needed.
RESOLUTION:
READING AND PUBLIC HEARING -Resolution R-09-3096
R-09-3096 Canvassing the results of the General Election held May 9, 2009 for
Councilmembers, Place 5 and Place 6
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City Council City Council Minutes May 19, 2009
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
4. OATH OF OFFICE
City Secretary Cynthia Singleton administered the Oath of Office to
Councilmembers Tom Hart ,Place 5 and Mike Taylor, Place 6.
5. RECEPTION FOR CITY COUNCIL
Mayor Kelly recessed the meeting at 7:35 p.m. for a reception for City
Council and reconvened at 7:49 p.m.
6. ANNOUNCEMENTS AND PRESENTATIONS
Mayor Kelly invited citizens to attend a free concert by the King Creole
Band, May 21, 2009, 6:30 p.m. at the Colleyville Center.
Mayor Kelly congratulated Detective Bob Etheridge for being selected
the Final Torch Bearer to light the flame to open the 2009 Special
Olympic Games, at 7:00 p.m. on Friday, May 22, 2009, at the University
of Texas -Arlington stadium.
Mayor Kelly announced, although the Live Green Festival and Clean
Sweep event, scheduled for Saturday, May 16, 2009, were cancelled
due to weather conditions, citizens utilized the Crud Cruiser to dispose of
hazardous materials and the mobile shredding unit. Mayor Kelly
expressed appreciation to National Charity League members, Police on
Patrol members, Parks and Recreation Director Monica Walsh and Park
Superintendent Chuck Majors, the Public Works Department, Police
Officers Raymon Cannon and Charles Wallace, and City Manager
Jennifer Fadden and family for assisting with the event.
Mayor Kelly invited citizens to attend the Colleyville annual BBQ, June
5-6, 2009, at the Colleyville Center and announced all proceeds support
Special Olympics. Mayor Kelly commended Police Detective Kevin
Walling and Police Chief Tommy Ingram for coordinating the event.
Mayor Kelly presented a Proclamation to Public Works Director Steve
Chutchian, Utility Superintendent Ken Tywater and Equipment Operator
James Watkins, in recognition of Public Works Week.
Public Works Director Steve Chutchian commended the Public Works
employees for their service to the City and invited citizens to attend the
ROAD-E-O event, which is coordinated by Equipment Operator James
Watkins.
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Mayor Kelly recognized the Citizens on Patrol members for service to the
community and Police Chief Tommy Ingram and Officer Bill Hudgins for
organizing the program.
Mayor Kelly recognized the Fire Department Volunteer Rehab Unit for
service to the community and Interim Fire Chief Russell Shelley and
Deputy Emergency Management Coordinator Andrea Renegar for
developing the program.
Deputy Emergency Management Coordinator Andrea Renegar
expressed appreciation for the service of the Fire Department Rehab
Unit volunteers.
7. ELECTION OF MAYOR PRO TEM
7a Election of Mayor Pro Tem
Mayor Kelly opened the floor for nominations for Mayor Pro Tem.
Councilmember Hart nominated Mayor Pro Tem Ayers.
Councilmember Taylor seconded the nomination.
There were no other nominations.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
8. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3097
8a Approval of the minutes of the regular City Council meeting of May 5,
2009
Mayor Kelly read Resolution R-09-3097 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 Wollin moved to approve Resolution R-09-3097.
Councilmember Hall seconded the motion.
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The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
9. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
9a 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.
Mayor Kelly opened the public hearing.
Mr. Chris Whitaker, 7204 Maranatha Court, spoke regarding the
protection of property values, quality of life, public input regarding the
cost of rail improvements, the ability of the City to enforce the proposed
improvements, the number of trains a day, opposition to the petition and
requested an election to determine the citizens desire for a rail station.
Mr. Keith Staudt, 7208 Bell Meade, spoke regarding the cost of the
proposed commuter rail improvements and possible litigation, the
method of obtaining support of the petitions and proposed changes to
the original ordinance.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mayor Kelly spoke regarding the applicant's proposed changes to the
ordinance and asked the City Attorney to review the Charter
requirements related to the changes.
City Attorney Boyle stated the Charter provides that upon the submittal
of the draft ordinance, it must be submitted to the City Council for
consideration without alteration as to meaning or effect in the opinion of
the person filing the petition and that is based on Section 6.02 of the
Charter.
Mayor Pro Tem Jon Ayers asked the City Attorney if it is up to the City
Council or the applicant to determine as to whether there is a material
change.
The City Attorney stated the only flexibility that the Charter provides is to
the extent that upon receipt of a draft ordinance that is different than the
one originally submitted with the petition, the City Council can conclude
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within their legislative prerogative that the alteration has not materially
affected the meaning or effect of the ordinance in the opinion of the
person filing the petition.
Mayor Pro Tem Jon Ayers asked if the principal change that has
occurred to the ordinance really deals with Section 4.
The City Attorney stated the draft revised ordinance that was submitted
includes revisions in Sections 2 and 4.
Mayor Pro Tem Ayers asked the City Attorney to read the original and
new versions of Section 4.
The City Attorney read the original and revised versions of Section 4.
Mayor Pro Tem Ayers stated there are two new clauses in Section 4.
Mayor Pro Tem Ayers stated the original version basically was going to
require the City to either force the railroad company to perform a
reconstruction or for the City to undertake a reconstruction of the
Cottonbelt. Correct?
The City Attorney concurred.
Mayor Pro Tem Ayers asked the City Attorney if the reconstruction is
mandatory.
The City Attorney confirmed it is mandatory.
Mayor Pro Tem Ayers stated the new version doesn't make it a
mandatory requirement of construction. It just simply says if we can
make it happen, and if it doesn't cost the City any money, then we are
going to do it a certain way. Right?
The City Attorney concurred.
Mayor Pro Tem Ayers stated the ordinance is still proposing the
construction of three overpasses and lowering of the surface grade so
that it is underground or for that matter, a tunnel.
The City Attorney concurred.
Mayor Pro Tem Ayers asked the City Attorney what affect would Section
4 have if the City Council were to pass the modified version.
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City Council Minutes May 19, 2009
The City Attorney stated given the review and discussion at the last City
Council meeting where the City's ability to mandate those particular
provisions were shown to be a legal impractibility, it would have little to
no effect.
Mayor Pro Tem Ayers asked if the City Council were to pass the first
version that requires the City to do this, the City just simply could not do
it, without paying for it through a tax hike or through some type of
funding?
The City Attorney stated those requirements could not unilaterally
enforce those requirements absent the City funding them.
Mayor Pro Tem Ayers stated the original version required the City to
undertake a reconstruction of the Cotton Belt and John McCain Road
and the railway would be underground. The new version does not make
it a mandatory construction.
Mayor Pro Tem Ayers stated the second version provides that if this can
be accomplished without spending any taxes, the City should proceed.
The City Attorney agreed.
Mayor Pro Tem Ayers asked if the City has made any effort to ascertain
what the potential cost would be of such a reconstruction of the Cotton
Belt?"
City Manager Jennifer Fadden stated Freese and Nichols completed an
evaluation of the cost and the initial estimate is $90 million to elevate
and to create grade separated crossings at Bransford Road and
Pleasant Run Road and John McCain Road. The second cost figure
provided was $600 million to lower the entire length of the rail bed. The
reason that the entire length of the rail bed would need to be lowered, as
opposed to just the sections at the crossing, is because of the distance
in between each grade. The final figure provided was $900 million to
tunnel the entire rail line through Colleyville.
Mayor Pro Tem Ayers asked if Freese and Nichols is a firm that is often
used for City projects.
City Manager Fadden confirmed they are considered to be a well
respected engineering firm not only in this region, but statewide and
have worked on numerous City projects.
Mayor Pro Tem Ayers asked what would be the funding source for the
City to undertake a $90 million project.
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City Manager Fadden stated the City would most likely have to issue
debt in 20 year bonds.
Mayor Pro Tem Ayers inquired as to the annual budget for the City of
Colleyville.
City Manager Fadden responded for the General Fund, it is
approximately $19 million and all funds combined $35 million.
Mayor Pro Tem Ayers stated to construct the overpasses would be
roughly 4.5 times the City's annual budget.
Mayor Pro Tem Ayers inquired as to the amount of the City's street
maintenance budget..
The City Manager stated one million dollars.
Mayor Pro Tem Ayers stated the overpass project would be 90 times the
City's annual street budget.
Mayor Pro Tem Ayers asked if the City of Colleyville even has the debt
capacity to undertake this type of expenditure.
City Manager Fadden stated, just through applying the current interest
rates for this kind of debt issuance based on the average assessed
valuation of a home in Colleyville, the debt service for an issuance of $90
million, the annual debt payment would be about $7.2 million, which
equates to 21 cents on the City's tax rate and the City's tax rate is
$0.3559 per one hundred dollars valuation.
Mayor Pro Tem Ayers stated the average household taxes would more
than double.
Councilmember Taylor spoke regarding the construction challenges of
an overpass and tunnel in the City and stated there are only two
authorities that can request a rail station in Colleyville, the City Council or
it could be decided by the citizens at the ballot box.
The City Attorney stated the next available General Election date is in
November and Section 6.02 of the City Charter specifically says on
presentation of a valid certified petition for an initiative, the particular
item of legislation should be presented and either approved by the City
Council or set for election as provided by law.
Mayor Pro Tem Ayers stated option number one is we can vote to
approve this ordinance as presented and City Council has the option
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City Council City Council Minutes May 19, 2009
either to approve the original version that was presented to the citizens
who actually signed the petition or City Council could potentially approve
the second version, which was modified by the applicant and has been
presented to City Council at this meeting. And, the last option is instruct
staff to prepare the appropriate resolution to have this sent to a citizen's
vote in November.
Mayor Pro Tem Ayers stated the City Council's hands are virtually tied
because of the way the City Charter is structured and the way this
petition has been submitted.
The City Attorney stated that is the effect of the Charter.
Mayor Pro Tem Ayers asked if the citizens that signed the petition have
the right to potentially retract their signature.
The City Attorney stated the citizens who signed that particular petition
have the absolute legal right to withdraw their names from the petition up
until final action taken by the City Council on the petition.
Councilmember Hall moved to continue Ordinance 0-09-1716 to the
June 2, 2009 City Counil meeting.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Councilmember Hall requested that staff prepare the required resolution
to call an election.
The City Attorney stated the City Council is not prepared to consider a
resolution calling a November election tonight.
Mayor Pro Tem Ayers stated the City Council is passing on this
ordinance until the June 2, 2009, City Council meeting at which point the
appropriate resolution will have been drafted such that if the City Council
chooses that option, City Council can vote on that resolution at that time.
The City Attorney stated on June 2, 2009, the City Council will have
available the three options mentioned earlier with the only potential
caveat being, not having the full calendar in front of me, it may be
premature to call the election for the November date on June 2, 2009,
and between now and two weeks, it will be determined when the election
may be called.
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Councilmember Taylor clarified a citizen can withdraw their name from
the petition until City Council acts on the proposed ordinance.
The City Attorney stated final action would be either the approval of the
drafted legislation or the actual calling of the election. Up until such time
as the City Council acts on either one of those, the opportunity exists for
the petitioners to withdraw their names from the petition. If the number
of withdrawals gets to the point where they no longer meet the Charter
specified minimum of 500 voters, then the petition will be given to the
City Secretary for recertification and if the numbers were short at that
particular point, an updated certification would deem it is not certified in
compliance with the Charter.
The City Attorney stated a name cannnot be added to the petition.
10. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
10a 0-09-1718 Approval to amend Ordinance 0-08-1701 regarding the existing gas
franchise between the City and Atmos Energy, Section 19 Payments to
the City
Mayor Kelly read the caption of Ordinance 0-09-1718.
Management Assistant Christine Loven provided an overview of the
amendment to Ordinance 0-08-1701 regarding payments to the City by
Atmos Energy.
Mayor Kelly opened the public hearing.
Ms. Mary Jean Maloney, representing Atmos Energy, stated Atmos
Energy agrees to an annual payment rather than quarterly payments as
approved in the most recent franchise agreement.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
10b 0-09-1719 Approval of amendments to Chapter 7 -Sign Regulations of the Land
Development Code regarding electronic signs, Case G-09-006
Mayor Kelly read the caption of Ordinance 0-09-1719.
Planner Justin Bass provided information of the proposed changes to the
Land Development Code regarding message change frequency.
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Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
11. RESOLUTION(S):
READING AND PUBLIC HEARING
11a R-09-3098 Approval of the City of Colleyville's continued participation with the
Steering Committee of Cities Served by Oncor, and authorizing the
payment of $0.10 per capita to the Steering Committee to fund
regulatory and related activities relative to Oncor Electric Delivery
Mayor Kelly read Resolution R-09-3098 in its entirety.
Management Assistant Christine Loven provided information regarding
continued participation with the Steering Committee of Cities Served by
Oncor and cost.
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-09-3098.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
11 b R-09-3099 Acting on the resignation of Councilmember Tony Licata, Place 2
Mayor Kelly read Resolution R-09-3099 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Councilmember Hall moved to accept the resignation of Councilmember
Licata.
Councilmember Hart seconded the motion.
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The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Mayor Kelly asked the City Attorney to explain the process for filling
Place 2.
City Attorney Matthew Boyle stated the requirements of the Constitution,
Article 11, Section 11, mandate that because the City Council terms are
now greater than two years, being three years in length, that Council
vacancies mid-term must be filled by election rather than appointment.
And, it is important to point out that the adjustment to the City Council
terms was actually approved at the most recent Charter Election
approximately 4 years ago and due to that, it would have been a near
practical impossibility to draft a Charter revision to allow for the voters to
decide the length of the terms, while simultaneously updating the Charter
provision relative to appointment versus election. The Constitution
mandates that with three year terms City Council vacancies must be
filled by election.
Mayor Kelly stated, it is my understanding the City Charter, Texas
Election Code and State Constitution provides for certain provisions and
the State Constitution is the governing law we have to process.
City Attorney Matthew Boyle stated, the State Constitution trumps both
the City Charter and the Texas Election Code in this situation.
Mayor Kelly asked the City Attorney since the City may have an election
regarding a pending ordinance and resolution, could this election and the
election to fill an unexpired term on the City Council be combined?
The City Attorney stated, unfortunately, even if City Council were to call
a citizen election based on the initiative petitions, those two elections
cannot be combined. The reason is that the Election Code allows for a
non-uniform election date for filling City Council vacancies because that
is what is mandated by that very same provision from the Constitution,
but that same flexibility is not provided for citizen based initiatives. On a
citizen based initiative, the only means by which City Council could seek
relief from otherwise having to comply with uniform election dates would
be if an emergency existed. City Council vacancies have generally been
deemed not to qualify as an emergency.
Mayor Kelly stated, according to the State Constitution, the City is
required to hold a Special Election within 120 days of the
Councilmembers resignation.
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City Attorney Matthew Boyle concurred.
Mayor Kelly asked if an election is necessary for the two citizen initiatives
must that election be held on the next regular election date.
City Attorney Matthew Boyle stated the Election Code currently only
allows for two uniform election dates; one in May and one in November,
so if the City Council called an election on the citizen initiatives, the only
available election date would be the general election date in November.
12. TABLED ITEM:
READING AND PUBLIC HEARING
12a 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 Pro Tem Ayers moved to remove Resolution R-09-3093 from the
table.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Mayor Kelly read Resolution R-09-3093 in its entirety.
Mayor Kelly opened the public hearing.
Mr. Chris Whitaker, 7204 Marantha Court, stated the resolution is the
more important of the two pieces of legislation and the intent is not to
have the City of Colleyville pay for any part of the proposed rail
improvements and requested the City Council to pass the resolution.
Mr. Keith Staudt, 7208 Belle Meade Drive, spoke regarding current
legislation regarding .rail transportation and how it relates to the proposed
resolution and the cost of an election.
There were no others present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mayor Kelly provided information regarding the approval of the local
option tax resolution, local control of tax increases and the purpose of
the resolution.
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Mayor Pro Tem Ayers stated the proposed resolution has the same
requirements as the proposed Ordinance 0-09-1716.
Mayor Pro Tem Ayers moved to continue the Public Hearing of
Resolution R-09-3093 to the June 2, 2009 City Council meeting.
Councilmember Hall seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Councilmember Taylor provided information regarding the work of the
Rail Stop group and the ability of citizens to withdraw their name from
the petition and stated the petition is not good legislation.
Mayor Kelly requested staff prepare documents to call an election.
Councilmember Taylor provided the following comments from
Representative Vicki Truitt regarding the Texas Local Option Tax Act.
- This is one of those bills you've been warned about -characterized as a
"tax" bill, in fact, the tax everything that moves bill. Well, it has changed
a lot during the course of the legislative process and it is still changing.
- But, I would like to respectfully ask you to please just put the
pre-conceived notions and negative characterizations aside for a few
minutes while we consider logic and reason to assess the problem this
bill seeks to address. Can we do that?
- We're all proud that Texas has a good business climate and a better
economy than just about anywhere in the nation. We have the sixth
largest economy in the world and we want to keep it that way.
- This bill's genesis was in North Texas -home to 25% of the state's
population and 27% of the state's economy. Standing alone, North
Texas would have the 12th largest economy in the world.
- Texas is the fastest growing state in the nation. We know that in 1980
Texas had 14 million people. Today we have 24 million Texans and by
2040, we will exceed 50 million.
- The D/FW Metroplex is the fastest growing region in the United States.
It is the fourth largest urban region in the country and its population is
currently more than 6 million.
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- By 2030, there will be 9 million people in the Metroplex, of whom 5
million will be commuting to and from work. That is almost as many
people commuting as we have living there now.
- North Texas, is the heart of Texas' economy. One of the things that
makes it such is D/FW International Airport, the third busiest airport in
the world.
- North Texas is at or near gridlock now. If we don't do something, our
economy will begin to deteriorate. As North Texas goes - so the state
goes.
- Do you remember when Dell left Austin because of traffic? The same
thing is going to happen in North Texas if we don't don't do something
about our traffic.
- This bill is needed as North Texas and other major urban areas in
Texas face tremendous challenges with transportation and mobility.
- We cannot afford to allow a lack of mobility to diminish our economic
status in the Metroplex or in the state.
- The pace and scale of our growth makes it impossible to build roads
fast enough to accommodate the number of people who will live and
work in North Texas in the coming years.
- I've brought copies of the letter of April 23, from TxDOT telling the
Chairman of the Senate's Committee on Transportation and Homeland
Security that by the first quarter of 2012, the state will be unable to
finance new construction projects without severe cuts in maintenance
programs or additional funding sources.
- We can talk about the Governor's "Enterprise Fund" and a "favorable
legal climate" for business all we want to -and those are good things -
but if we cannot move goods and services -and people, our economy
will deteriorate.
- We are in this situation because of a failure of TxDOT and the
legislature to adequately address our transportation infrastructure
funding.
Diversions from Fund 6 are a huge part of the reason why we are here.
Transportation funding is shortchanged because of diversion.
- We cannot fix that overnight. It would take us the better part of a
decade or more to address the funding gap we would create by ending
diversions.
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- We must end diversions but we can't wait if we are to avoid a
detrimental impact to our economy from traffic congestion.
- And even if we end diversions, it won't be enough to solve the problem.
If we stopped all diversion tomorrow, it wouldn't even solve half of the
state's transportation funding shortfall.
SB 855 and its accompanying SJR 52 provide a local option mechanism
to finance the construction of roadways, rail, and bridge projects with
locally, self-imposed -All of which must receive voter approval. If the
federal government and state government aren't going to fix our
problem, we need the right of self-determination. This bill, itself, imposes
no taxes or fees. Not one penny of revenue from the enactment of this
bill unless the voterschoose to tax themselves to get relief from the
horrific traffic they face everyday.. The voters may choose to not impose
taxes upon themselves. And if they don't, does this bill enable the county
to impose the tax, anyway? No.
This bill does not authorize any new level of bureaucracy. The specific
revenue options from which the voters will choose will be:
- A gas tax increase of 5 or 10 cents per gallon and maybe a "mobility
improvement fee" when vehicles are registered ranging from $1 to $60.
This does not apply to new vehicles.
- Some say don't pass this now, during a bad economy. The earliest a
county may call an election is November 2010 and if the voters approve
a project and related funding, the earliest a fee could be collected would
be August of 2012, more than three years from now.
If a county does opt to have an election, the ballot must list:
- each project to be constructed
- an estimated cost of and completion date for each project
- each proposed fee with a proposed rate for capital costs
- if applicable, a rate for maintenance and operation of the project; and
-the date any required bonds will expire
This is far more specific than the local option already allowed for local
voters related to:
- Funding school construction projects, or
-Municipal 4(a) and 4(b) for projects
It's no different and it's just as important
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The voters' right to choose could not be more transparent and those
responsible for administering it, should the voters choose to use it
couldn't be more accountable as they will be in this bill. If we ignore this
problem, the region and the state will pay a price. Our economy will
suffer. I am elected to help solve the state's problems.
We want the right to let our voters fix it on their own. I hope you see the
problem and the solution for what they are. And I hope you have the
political courage to help us help ourselves. Not thinking hard and acting
to address this significant issue will.. Quality of life and air quality suffer,
too. It's just a matter of time, and it won't take long. To ignore such a
problem is irresponsible. My district has been my home since my
childhood. I have seen how it has changed during the last 50 years, and
I want it to continue to be a great place to live and remain economically
viable. I cannot stand by and allow it to deteriorate.
13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
14. REPORTS:
Colleyville Public Library Board Minutes -February 9, 2009
Planning and Zoning Commission Minutes -April 13, 2009
There was no discussion of this item.
15. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 19, 2009 -
Reading and Public Hearing -Resolution R-09-3100
This resolution was not needed.
16. ADJOURNMENT:
There being no further business before the City Council, Mayor Pro Tem
Ayers moved to adjourn.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Mayor Kelly adjourned the meeting at 9:48 p.m.
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APPROVED BY A VOTE OF AYES, D NAYS AND
ABSTENTIONS ON THIS THE ~ ti DAY OF 2009.
Minutes tak nand pr by:
i
Cynthia Singleton, TRMC, CMC
City Secretary
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