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HomeMy WebLinkAboutCity Council-Minutes-6/2/2009,, ~. '` 3.~~~~~i`~.~ul~ ~... City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 2, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of changing the dates of regular City Council meetings PC-2 Discussion of the process for filling an unexpired term on the Historical Preservation Committee and the Colleyville Library Board PC-3 Discussion of setting a date for a joint worksession with the City Council and Library Board PC-4 Discussion of the June 2, 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS City of Colleyville Page 1 Printed on 5/29/2009 City Council Agenda June 2, 2009 INVOCATION: Pastor David Jung, Crown of Life Lutheran 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-09-3101 3. 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 Garden Week June 7-13, 2009 - Susan Taylor, Vice President of Programs and Suzanne Hughes, Vice President of Fundraising, Colleyville Garden Club CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3102 4a Approval of the minutes of the regular City Council meeting of May 19, 2009 4b Approval to purchase a 15-passenger Ford van from Sam Pack's Five Star Ford, through the Cooperative Purchasing Program, in an amount not to exceed $21,251.77 and authorize the City Manager to execute the contract 4c Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC09-007 4d Authorize and approve the execution of a Quitclaim Deed conveying property from the Bransford Park Land Trust to the City of Colleyville 5. ORDINANCE(S): SECOND 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 5b 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 Cify of Colleyville Page 2 Printed on 5/29/2009 City Council Agenda June 2, 2009 5c 0-09-1719 Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a 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 6b R-09-3103 Calling a Special Election for August 1, 2009, for the purpose of electing a Councilmember, Place 2, to fill an unexpired term 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Colleyville Center Advisory Committee Minutes -February 23, 2008 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 2, 2009 - Reading and Public Hearing -Resolution R-09-3104 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 29, , by 5: p.m. Cynthia Sirgleton, 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 3 Printed on 5/29/2009 :~ City of Colleyville City Hall f 100 Main Street `til~~~~~~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 "'"'" www.colleyville.com City Council Tuesday, June 2, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Jon Ayers on June 2, 2009, at 5:39 p.m. ROLL CALL: Councilmembers Stan Hall, Tom Hart, and Mike Taylor were present. Mayor Pro Tem Jon Ayers, 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. Mayor David Kelly and Councilmember Carol Wollin were absent. PC-1 Discussion of changing the dates of regular City Council meetings The City Council determined if the City has a November election, the first regular City Council meeting in November will be changed to Wednesday, November 4, 2009. The City Council determined the second regular City Council meeting of Tuesday, March 16, 2010, will be changed to Tuesday, March 23, 2010, due to the Grapevine-Colleyville Independent School District spring break. PC-2 Discussion of the process for filling an unexpired term on the Historical Preservation Committee and the Colleyville Library Board The City Council determined the open positions will be advertised during the regular advertising period for September appointments and/or any applications received prior to the advertising period for the vacancies will be placed on the City Council agenda for City Council consideration. City of Colleyville Page 1 Printed on 6/17/2009 City Council City Council Minutes June 2, 2009 PC-3 PC-4 1. 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 Discussion of setting a date for a joint worksession with the City Council and Library Board The City Council determined the Joint City Council and Library Board meeting will be held July 9, 2009, at 6:00 p.m., in the Executive Conference Room. Discussion of the June 2, 2009 regular agenda items There was no discussion of the regular agenda items. There being no further discussion, Mayor Pro Tem Ayers adjourned the Pre Council meeting at 5:43 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Ayers on June 2, 2009, at 5:43 p.m. ROLL CALL: Councilmembers Stan Hall, Tom Hart and Mike Taylor were present. Mayor Pro Tem Jon Ayers, 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. Mayor David Kelly and Councilmember Carol Wollin were absent. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 6/17/2009 City Council City Council Minutes June 2, 2009 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 Pro Tem Ayers explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property 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 5:43 p.m. and reconvened at 7:30 p.m. INVOCATION: Pastor David Jung, Crown of Life Lutheran 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-09-3101 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilman Hart announced the Summer Reading Program begins June 13, 2009, at 8:30 a.m. with aKick-off Cowboy Breakfast. Patrons of all ages can sign up beginning June 1 and claim prizes June 15 -August 1. The program includes magic shows, parties, exotic animals and costume characters every Tuesday and Thursday at the Library and a free movie on Fridays. Mayor Pro Tem Ayers presented a Proclamation in recognition of National Garden Week, June 7-13, 2009, to Susan Taylor, Vice-President of Programs and Suzanne Hughes, Vice President of Fundraising. for the Colleyville Garden Club. Ms. Taylor, on behalf of the Garden Club membership, expressed appreciation to the City Council for their support and recognition. City of Colleyville Page 3 Printed on 6/17/2009 City Council City Council Minutes June 2, 2009 CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3102 4a Approval of the minutes of the regular City Council meeting of June 2, 2009 4b Approval to purchase a 15-passenger Ford van from Sam Pack's Five Star Ford, through the Cooperative Purchasing Program, in an amount not to exceed $21,251.77 and authorize the City Manager to execute the contract 4c Approval of a request for a replat for the Heritage Oaks Addition located in the 5000-5200 block of Heritage Avenue, Case PC09-007 4d Authorize and approve the execution of a Quitclaim Deed conveying property from the Bransford Park Land Trust to the City of Colleyville Mayor Pro Tem Ayers read Resolution R-09-3102 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. City Attorney Matthew Byole stated the Quitclaim Deed conveying property from the Bransford Park Land Trust to the City of Colleyville will clarify and make available those particular properties for a subsequent lease for mineral rights. These properties were not included under the original lease and this approval will make them eligible for a subsequent lease. Councilmember Taylor moved to approve Resolution R-09-3102. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 4 Printed on 6/17/2009 City Council City Council Minutes June 2, 2009 5. ORDINANCE(S): SECOND 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 Pro Tem Ayers stated Ordinance 0-09-1716 is continued from the May 19, 2009 City Council meeting. Mayor Pro Tem Ayers read the caption of Ordinance 0-09-1716. City Manager Jennifer Fadden stated Mr. Whitaker, the applicant, submitted an additional ordinance for consideration, which is included in the City Council packet. Mayor Pro Tem Ayers opened the public hearing. Mr. Chris Whitaker, 7204 Marantha Court, stated that it is believed that the modifications made to the proposed ordinance do not constitute a material change and spoke regarding meetings with City Councilmembers and staff, the enforceability of the original documents and requested the proposed ordinance be tabled to allow time to meet with the City Attorney. Mr. Jim Moore, 1416 Glade Road, spoke regarding the procedure for submission of the proposed ordinance and petition. Mr. Keith Staudt, 7208 Bell Meade, spoke in opposition to the proposed ordinance and regarding the proposed ordinance content, legislation affecting the proposed ordinance, the process for retracting a signature from the petition, the process for amending the petition and ordinance, the interpretation of the City Charter, Section 6.02 and requested the item to be tabled. Mr. Orlando Alamiz, 6805 Peters Path, spoke in favor of the proposed ordinance and regarding the service of the Colleyville Commuter Rail Committee. Mayor Pro Tem Ayers stated we have heard pros and cons surrounding this issue and it has provided for a very important dialogue on the issue of rail in the City. It is the responsibility of the City Council to protect the property values, health, safety and welfare of the citizens and the dialogue has provided an opportunity to address these issues. From prior discussions of the legal aspects, it appears the proposed ordinance was presented to City Council with the requisite number of signatures on the petition and with legislation that the City Council may vote on or send City of Colleyville Page 5 Printed on 6/17/2009 City Council City Council Minutes June 2, 2009 to the citizens for a vote. To some extent, the City Council's options are limited with regard to action on the proposed ordinance. The applicant, as I understand it, based on the City Charter, is given some leeway or control regarding presentation of the proposed ordinance to City Council. I tend to agree with Mr. Moore and Mr. Staudt as to the fact that City Council has received various versions of the proposed legislation and the last two versions were not vetted by the citizens that actually signed the petition. As a consequence, I interpret the City Charter to allow a piece of legislation to be presented to City Council by way of a petition, and that City Council. may make minor typographical changes, and that if the City Council makes those changes, then the City Council returns the legislation to the applicant and the applicant basically gives the blessing, if you will, that no substantiative changes have been made. I don't believe that the City Council is in a position to accept wholesale changes to legislation presented originally with the petition. So, although the City Council has identified some potential issues with the wording, I don't think City Council is in a position to accept version two or version three. The City Council, along with the City Attorney, is trying to determine if the legislation should be submitted to the voters in November. City Council's hands may be tied, and short of an actual withdrawal of the petition, City Council may not be in a position to make any modifications or changes to what originally was submitted. But the Council is not in a position to make that statement. I believe the principal issues have been identified, which are whether the City should have a train station and whether the City should express the desires of the citizens regarding rail to the agency responsible for the trains. If the applicant, City Council, City Attorney and staff can refine the legislation to key issues, then I would support putting something on the ballot as a citizen referendum for a November election where the citizens of Colleyville will have an opportunity to decide these issues. I don't think the City Council should decide this issue; let the citizens decide. Then the question becomes what goes before the citizens. I agree with the applicant that this item should be tabled to provide an opportunity for the applicant to work with the City Council, City Attorney and staff to make modifications, if it is determined modifications can be made. It is my understanding if City Council voted on the proposed ordinance and denied the three versions, an election must be held in the fall. The City Atttorney has advised the law does not allow for a November election to be called this evening. The City Council may call a November election at the August 18, 2009 City Council meeting. I suggest the City Council table this item and, between now and August 18, 2009, the applicant meet with the City Attorney, staff and Councilmembers, if they wish to be involved in the process, and determine the appropriate and legal action. The City Attorney stated there are limited parameters that would allow the applicant to withdraw the petition. City of Colleyville Page 6 Printed on 6/17/2009 City Council City Council Minutes June 2, 2009 Mayor Pro Tem Ayers moved to table Ordinance 0-09-1716. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5b 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 Pro Tem Ayers read the caption of Ordinance 0-09-1718. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-09-1718. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5c 0-09-1719 Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code regarding electronic signs, Case G-09-006 Mayor Pro Tem Ayers read the caption of Ordinance 0-09-1719. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Interim Community Development Director Ron Ruthven stated the request involves changing the message interval time for electronic signs to allow the message to be changed every ten seconds on a sign that is located along Precinct Line Road, SH121 and SH26. The message could not scroll but the text message could change every ten seconds. Councilmember Hart moved to approve Ordinance 0-09-1719. Councilmember Taylor seconded the motion. City of Colleyville Page 7 Printed on 6/17/2009 City Council City Council Minutes June 2, 2009 The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a 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 stated Resolution R-09-3093 is continued from the May 19, 2009 City Council meeting. City Manager Jennifer Fadden stated there is a third resolution in your packet for consideration. Mayor Pro Tem Ayers read Resolution R-09-3093 in its entirety. Mayor Pro Tem Ayers opened the public hearing. Mr. Chris Whitaker, 7204 Marantha Court, expressed appreciation to the City Council for leading the efforts to determine a solution that is acceptable to all the citizens and City Council and requested the same consideration in this matter as Ordinance 0-09-1716. Mr. Keith Staudt, 7208 Belle Meade, spoke regarding different versions of the proposed resolution and whether the City Charter permits differing versions, the status of the Texas Local Options legislation and requested clarification regarding the City Charter, Section 6.02. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor spoke regarding the legality of modifying the proposed resolution, findings of the DEIS Study, the desire of the citizens regarding rail in Colleyville, lack of a plan and funding for a rail station and stated a rail station cannot be constructed in Colleyville without the the City's authority. Councilmember Taylor moved to table Resolution R-09-3093. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 8 Printed on 6/17/2009 City Council City Council Minutes June 2, 2009 6b R-09-3103 Calling a Special Election for August 1, 2009, for the purpose of electing a Councilmember, Place 2, to fill an unexpired term Mayor Pro Tem Ayers read Resolution R-09-3103 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Hall moved to approve Resolution R-09-3103. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 4 -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: Colleyville Center Advisory Committee Minutes -February 23, 2008 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 2, 2009 - Reading and Public Hearing -Resolution R-09-3104 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 4 -Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 9 Printed on 6/17/2009 City Council City Council Minutes June 2, 2009 Mayor Pro Tem Ayers adjourned the meeting at 8:26 p.m. APPROVED BY A VOTE OF ~ AYES, O NAYS AND ABSTENTIONS ON THIS THE ~ DAY OF 2009. Minutes to and pre a~r Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 6/17/2009