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HomeMy WebLinkAboutCity Council-Minutes-5/19/2009City of Colleyville 100 Main Street -~~ v Colleyville, Texas 76034 ~''' ~~~~~~ ~~~' Agenda 817. 503.1000 ,;.;:,' www.colleyville.com 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 City of Colleyville Page 2 Printed on 5/15/2009 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 $0.10 per capita to the Steering Committee to fund regulatory and related activities relative to Oncor Electric Delivery 11 b R-09-3099 Acting on the resignation of Councilmember Tony Licata, Place 2 12. TABLED ITEM: READING AND PUBLIC HEARING 12a R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 14. REPORTS: Colleyville Public Library Board Minutes -February 9, 2009 Planning and Zoning Commission Minutes -April 13, 2009 City of Colleyville Page 3 Printed on 5/15/2009 City Council Agenda May 19, 2009 15. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 19, 2009 - Reading and Public Hearing -Resolution R-09-3100 16. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 15, 20 y 5:00 p . 3~~ Cyn hia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 5/15/2009 ~.. "~~" City of Colleyville City Hall . -~ •` -~~`v ~~~ 100 Main Street ~; . ~~'"~~~'~~ clty Councl~ Mlnute$ CoIle817~503.1000 034 '`'"" www.colleyville.com 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 City of Colleyville Page 1 Printed on 6/3/2009 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. City of Colleyville Page 2 Printed on 6/3/2009 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 City of Colleyville Page 3 Printed on 6/3/2009 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. City of Colleyville Page 4 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 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. Cify of Colleyville Page 5 Printed on 6/3/2009 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 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 City of Colleyville Page 6 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 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. Cify of Colleyville Page 7 Printed on 6/3/2009 City Council 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. City of Colleyville Page 8 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 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 City of Colleyville Page 9 Printed on 6/3/2009 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. City of Colleyville Page 10 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 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. City of Colleyville Page 11 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 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. City of Colleyville Page 12 Printed on 6/3/2009 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 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. City of Colleyville Page 13 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 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. City of Colleyville Page 14 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 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. City of Colleyville Page 15 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 - 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. City of Colleyville Page 16 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 - 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 City of Colleyville Page 17 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 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. City of Colleyville Page 18 Printed on 6/3/2009 City Council City Council Minutes May 19, 2009 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 City of Colleyville Page 19 Printed on 6/3/2009