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HomeMy WebLinkAboutCity Council-Minutes-11/18/2010,.:. City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 19, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of draft Incentive Guidelines and Criteria PC-2 Presentation of the Quarterly Capital Project Update PC-3 Presentation and discussion of the Fiscal Year 2010 (FY 2010) Work Plan update for the fourth quarter PC-4 Discussion of changing the second regular City Council meeting in December PC-5 Presentation of the Monthly Financial Report - September 2010 PC-6 Discussion of the October 19, 2010 City Council meeting regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 -Legal -Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion pending litigation - Raman Chandler Properties v. City of Colleyville City of Colleyville Page 1 Printed on 10/15/2010 City Council Agenda October 19, 2010 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Craig Etheredge - First Baptist 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-10-3277 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the featured Colleyville business - All Star Signs, 5115 Colleyville Boulevard, Suite 100, Lynn Bural 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-10-3278 4a Approval of the minutes of the regular City Council meeting of October 6, 2010 4b Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $145,000 in Fiscal Year 2011 4c Approval of an interlocal agreement with North Central Texas Council of Governments for implementation of the regional traffic signal retiming program for State Highway 26 (SH26), and authorize the city manager to execute the agreement City of Colleyville Page 2 Printed on 10/15/201Q City Council Agenda October 19, 2010 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1775 Approval of a request for a Special Use Permit for a Package (liquor} Store on Lot 2, Block 1 of the Village Front Door Addition located at 5232 Colleyville Boulevard, Case ZC10-021 5b 0-10-1776 Amending Ordinance 0-92-880 setting fees and charges for City facilities 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING sa 0-10-1777 Approval of changing the Texas Municipal Retirement System plan design from repeating to ad hoc annuity increases 6b 0-10-1778 Approval of amendments to Chapter 3.1 Oil and Gas Well Drilling and Production of the Land Development Code, GC10-011 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3279 Consideration of an appeal of the decision by the Sign Board of Appeals by Robert True, for a variance regarding an electronic sign on Lot 7R1, Block 1 of the Heritage Office Parc Addition, located at 5203 Heritage Avenue, Case GC10-009 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Library Board Minutes - September 13, 2010 Planning and Zoning Commission Minutes - September 27, 2010 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 19, 2010 - Reading and Public Hearing - Resolution R-10-3280 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 15, 2010, by 5:00 p.m. City of Col/eyville Paqe 3 Printed on 10/15/2010 City Council Agenda October 19, 2010 / ~~ Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 10/15/1010 ~` Cit of Colle ville City Hall 't~. , Y Y 100 Main Street f ~f ~~i~4~~i(y Colleyville, Texas 76034 ~~'' City Council Minutes 817.503.1000 '~ ^~'~ www.colleyville.com City Council Tuesday, October 19, 2010 CITY COUNCIL CHAMBERS PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 19, 2010, at 5:36 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Community Development and Public Works Director Ron Ruthven, Library Director Mary Rodne, Finance Manager Karen Hines, Economic Development Director Marty Wieder, City Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was absent. Presentation of draft Incentive Guidelines and Criteria Economic Development Director Marty Wieder reviewed the draft Economic Development Incentive Guidelines and Criteria and answered questions of the City Council. Councilmember Wollin requested Section 2., Criteria, Community Impact items be listed as either statements or questions to provide for consistency. Discussion ensued regarding the guidelines for abatement. City Manager Jennifer Fadden stated, I believe state law dictates that the City cannot abate property that is established in the Tax Increment Financing District (TIF). City Attorney Matthew Boyle stated the problem with the TIF is the increment scheduled to go into the TIF by application of the participation agreements is fixed so something that is already financially obligated to go into the TIF is set. That does not mean you cannot correspondingly City of Colleyville Page 1 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 find a use for those TIF dollars and give them back; the challenge is you are probably not going to have the flexibility under the current TIF plan to do that based on the limitations of your agreement with the school district so that is the good and bad of the TIF. The other good thing about your TIF, in the foreseeable future, it is on the horizon of its expiration. Councilmember Muhm asked the City Attorney, when the TIF expires, could abatements or incentives be provided along that corridor? PC-2 City Attorney Boyle stated yes. Discussion ensued regarding the conditions and criteria City Council may consider to offer tax abatements or grants. Councilmember Taylor requested numbers be written as numerical in parentheticals and word form for clarity. Discussion continued regarding grants for sign removal, matching grant ratio and formula for qualifying for a grant and funding source. City Manager Jennifer Fadden stated the City Council would need to amend the budget and potentially use available cash to fund an incentive agreement. When the City entered into the existing sales tax incentive agreements in 2005, a sales tax incentive fund of one million dollars was established, but that has all been committed. Aside from the $80,000 staff recommended to establish the Strategic Initiatives Fund for the current fiscal year the only other funding source available is to amend the budget and use available cash. The Strategic Initiatives Fund was identified as a source for funding the grants as Colleyville Economic Development Corporation funds, based on state statute, cannot be used for incentives. Councilmember Wollin requested the application process require a meeting with the Economic Development Director. Councilmember Hall requested Section 7. Purpose of Policy, be incorporated to Section 1. Economic Development Director Marty Wieder will place and item on a future City Council agenda for City Council consideration. Presentation of the Quarterly Capital Project Update Assistant City Manager and Chief Financial Officer Terry Leake presented the Quarterly Capital Project Update and answered questions of the City Council. City of Colleyville Page 2 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 Councilmember Muhm requested options and cost for connecting the Cottonbelt Trail from John McCain Road to Brumlow Road. Parks and Recreation Director Monica Walsh provided information regarding discussions with Tarrant County and TxDOT providing connectivity on the trail. PC-3 PC-4 PC-5 PC-6 Discussion continued regarding funding opportunities for trail connectivity. City Engineer Jeremy Hutt provided information regarding the center landscape design of the roundabout at Glade Road and Jackson Road. City Manager Jennifer Fadden stated the City will coordinate the Pleasant Run Road and John McCain Road improvements with the gas well drilling schedule. City Manager Fadden stated as soon as right-of-way is acquired for the SH26 reconstruction project, the City will need to consider moving forward with the debt issuance to do the City's municipal utility relocation. Discussion ensued regarding the funding for Phase 2 of the entryway markers and staff will provide funding options to City Council. Presentation and discussion of the Fiscal Year 2010 (FY 2010) Work Plan update for the fourth quarter There was no presentation of this item. Discussion of changing the second regular City Council meeting in December City Council determined the second City Council meeting in December will be held December 14, 2010. Presentation of the Monthly Financial Report - September 2010 There was no discussion of this item. Discussion of the October 19, 2010 City Council meeting regular agenda items City Manager Jennifer Fadden stated a super majority vote is not required for agenda item 5a; the percentage is 19.96158. City of Colleyville Page 3 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 Discussion ensued regarding agenda item 5b regarding citizen correspondence suggesting Senior Center volunteers not be required to pay the proposed membership fee. City Manager Fadden stated if City Council desires to add a provision for volunteers, it must be added to the proposed ordinance because once the ordinance is approved, staff cannot waive fees. Parks and Recreation Director Monica Walsh provided information regarding resident and non-resident participation at the Senior Center and fees charged by surrounding cities. Mayor Kelly adjourned the Pre Council meeting at 6:59 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 19, 2010, at 6:59 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Community Development and Public Works Director Ron Ruthven, Library Director Mary Rodne, Finance Manager Karen Hines, Economic Development Director Marty Wieder, City Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 9:02 p.m. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 - Legal -Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville City of Colleyville Page 4 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 Section 551.071 - Legal - Discussion pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate -Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:59 p.m. and reconvened at 7:36 p.m. INVOCATION: Pastor Craig Etheredge -First Baptist 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-10-3277 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Councilmember Wollin invited citizens to attend Halloween Trail Fest on Saturday, October 23, 2010, 7:00 to 9:00 p.m. at the Colleyville Nature Center. For young children, ghosts and goblins of a friendly nature will haunt the trail from 7:00 to 7:30 p.m. and the fright factor will intensify from 7:30 to 9:00 p.m. Other Haunted Trail activities include games, crafts, costume contests and prizes. The charge to enter the trail is $3.00 per person but all of the other activities are free. Councilmember Wollin invited the public to participate in the Colleyville Public Library Foundation's 4th annual "Race to Read" 5K Run and 1 Mile Run on November 6, 2010, benefiting the Colleyville Public Library. This year's event will include the "Big Piggy Bank Fill" campaign as well as the celebration of the library's 7th birthday. Activities include a live DJ, baby pig races every hour, face painting and bounce houses. The Colleyville Lions Club will prepare breakfast and the Friends of the Colleyville Public Library will be holding a bargain book sale and registration packets are available at the library. City of Colleyville Page 5 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 Mayor Kelly invited citizens to attend the 2nd annual Police Department versus Fire Department softball game Sunday, October 24, 2010, 4:00 p.m., at City Park benefiting the Colleyville Citizen's Police Academy and the Colleyville Citizen's Fire Academy Alumni Association. Mayor Kelly invited Colleyville students in grades 2 through 7 to enter the annual Mayor For A Day contest. Students may enter the contest by submitting an essay addressing what they would do to make Colleyville the best city in North Texas. The essays are due on or before Friday, November 5, 2010 and the winner will be announced Friday, November 12. The winner will serve as honorary Mayor during the City Council meeting on Tuesday, December 7, 2010 and spend part of the week touring City facilities and meeting City officials Additional information is on the City's web site at colleyville.com. Mayor Kelly announced the first meeting in November will be held Wednesday, November 3, 2010 due to Election Day on November 2. Mayor Kelly recognized Colleyville business All Star Signs and owner Lynn Bural. Mr. Bural spoke regarding available products at All Star Signs and invited the public to visit his business for signage. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3278 4a Approval of the minutes of the regular City Council meeting of October 6, 2010 4b Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $145,000 in Fiscal Year 2011 4c Approval of an interlocal agreement with North Central Texas Council of Governments for implementation of the regional traffic signal retiming program for State Highway 26 (SH26), and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-10-3278 in its entirety. Library Director Mary Rodne provided information regarding the items, materials and programs to be purchased through the Voluntary Library Fund. Mayor Kelly opened the public hearing. City of Colleyville Page 6 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 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-10-3278. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1775 Approval of a request for a Special Use Permit for a Package (liquor) Store on Lot 2, Block 1 of the Village Front Door Addition located at 5232 Colleyville Boulevard, Case ZC10-021 Mayor Kelly read the caption of Ordinance 0-10-1775. Community Development Director Ron Ruthven stated the applicant provided a Traffic Impact Analysis that was performed in February 2009 and a copy is included in the agenda briefing. Mayor Kelly opened the public hearing. Mr. John Rector, 11050 Wonderland Trail, Dallas, Texas, Vice President, Sigel's, spoke regarding the information presented by speakers during the October 6, 2010, City Council meeting regarding Sigel's operations, the success of the Sigel's Corporation and the benefit of the store to the City. Mr. Jimmie Archie, 74 Casa Lane, spoke regarding the purpose of a letter from the Sigel's Corporation regarding the proposed package store, stated the letter was not a threat of a lawsuit, reviewed the history of the property related to on-premise consumption and spoke regarding traffic flow and volume, pedestrian traffic and public safety concerns related to the proximity of the proposed package store to the church. Ms. Judith Henkels, 76 Casa Lane, spoke in support of the proposed ordinance and regarding the traffic flow in the church parking lot. Ms. Corinne Kettle, 75 Main Street, representing Luxor Custom Jewelers, spoke in support of the proposed ordinance and regarding City of Colleyville Page 7 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 economic development in the Village at Colleyville. Mr. Michael Tanner, 77 Piazza Lane, spoke in support of the proposed ordinance and a business friendly environment and regarding economic development in the Village at Colleyville. Mr. Rex Pitts, 66 Miranda Lane, spoke in support of the proposed ordinance and regarding the front door project of the Village at Colleyville. Mr. Paul Buttrell, 7330 Creekview Lane, spoke in support of the proposed ordinance and regarding the depressed state of sales for businesses in the Village. Ms. Susan Williams, 4804 Meandering Way, spoke in support of the proposed ordinance and regarding the economic benefit of Sigel's Wine and Spirits and history of property related to on-site consumption of alcohol. Ms. Trisha Evans, 16 Village Lane, spoke in support of the proposed ordinance. Ms. Trudy Gummelt, 6537 Windcreek Lane, spoke in opposition to the proposed ordinance and regarding local shopping habits. Mr. John Fegan, 1303 Belafonte Lane, spoke in opposition to the proposed ordinance and regarding the factors that lead to economic viability. Dr. Craig Etheredge, 508 Sophie Lane, spoke in opposition to the proposed ordinance and regarding safety issues related to high traffic areas around the First Baptist Church and the impact of the package store on the City. Mr. George Coleman, 6402 Emerald Drive, spoke in opposition to the proposed ordinance and regarding the results of the local option election, the success of Town Center and the Village retail business needs and the potential proximity of liquor stores to schools. Mr. Wes Arnold, 801 Saddlebrook, spoke in opposition to the proposed ordinance and regarding safety concerns for pedestrian traffic around First Baptist Church and being a good neighbor sensitive to the community. Ms. Martha Coleman, 6402 Emerald Drive, expressed appreciation to the City Council for their service and spoke in opposition to the proposed ordinance and regarding the number of applications for the sale of liquor City of Colleyville Page 8 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 and the impact and information related to the local option election. Mr. Scott Redfearn, 7300 Chanel Court, spoke in opposition to the proposed ordinance and regarding the actions of Sigel's representatives and the history of the First Baptist Church. Mr. Kevin Hadad, 5707 Morlaix Court, spoke in opposition to the proposed ordinance and regarding the package store operator. Ms. Teisha Boles, 59 Piazza Lane, spoke in favor of the proposed ordinance and regarding the economic development benefit of Sigel's. Ms. Theresa Russell, 88 Village Lane, spoke in support of the proposed ordinance and regarding the need for retail business in the Village at Colleyville. Ms. Sandra Williamson, 5509 Janet Lane, spoke in opposition to the proposed ordinance and regarding the safety concerns for adults and children at First Baptist Church related to the proposed package store. Mr. Tom Wouters, 4810 Shadywood Lane, spoke in support of the proposed ordinance and regarding the Land Use Plan related to retail development. Mr. Kevin Smith, 62 Main Street, spoke in opposition to the proposed ordinance and regarding the Sigel's business practices and the zoning of property. Ms. Susan Helton, 6101 Theresa Lane, spoke in support of the proposed ordinance and regarding the economic development of the City. Mr. Steve Atwood, 34 Piazza Lane, spoke in support of the proposed ordinance. Ms. Kathleen Hennessey, 5031 Stonebridge Drive, spoke in opposition to the proposed ordinance and regarding the correlation of package stores and crime and the value of boutique package stores to house values. Ms. Nan Hoenich, 2808 Meandering Way, spoke in opposition to the proposed ordinance and regarding the safety of the children attending First Baptist Church and the retail businesses supported by the church and church activities. Mr. Tommy Dreiling, 6308 Westcoat Drive, spoke in support of the proposed ordinance and regarding the safety concerns of members of the First Baptist Church. City of Colleyville Page 9 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 Ms. Danielle Arnett, 1708 Oak Knoll Drive, owner, Elixir Salon and Daymaker, spoke in support of the proposed ordinance. Mr. Michael Carr, 7002 Shepherds Glen, spoke in opposition to the proposed ordinance and regarding retail development in the Village. Mayor Kelly stated the following individuals did not wish to speak but wished to record their opposition to the proposed ordinance: John Eubanks, David Fedele, Mike Harvey, Glenn Underhill, Jimmie Richie, Bob Goble, Cindy Cook, David Doss, Tommy Curb, Nan Hoenich, Dwayne Young, Melissa Elkins, E. H. Callahan, Walter Shepherd, V.J. Hopson, Dan Hopson, Henry Lambert, Rachel Lambert, Nancy Fegan, Suzie McMahon, Robert Ryan, Susan Fay, Joseph Waibel, Dana Young, Ed Terrill, Lonnie Laue, Dana Young, Angela Kahle, Paul Vaught, Jeff Williamson, Zach Towery, Timothy Gentry, Farid Saiyed, James Phillips, Nathan McMahon, Cheree Hicks, Rickey Hicks, Sandy Shepherd and Cheryl Barron. Mayor Kelly stated the following individuals did not wish to speak but wished to record their support of the proposed ordinance: Helmut Landwehr, Sophie Diaz, Mark Boom, Michael Dunham, Cindi Dunham, Keller Dunham, Erin Wood, Nathan Hughes, Renee Jetter, Tracy Smith, Tim Coltart and Heather Andersen. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly recessed the meeting at 9:51 p.m. and reconvened at 10:00 p.m. Mayor Kelly reopened public hearing to allow a citizen to speak. Ms. Gayle Jasinski, 30 Piazza Lane, spoke in support of the proposed ordinance and regarding the economic development benefits of the proposed package store to the Village at Colleyville. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Director Ron Ruthven stated the super majority vote, which is six out of seven Councilmembers required to affirmatively approve the item, is required when 20% or more of the properties within 200 feet from the subject property are opposed to the request. There was a retraction of a property owner that was mentioned earlier and given to staff and based on that retraction, the current total opposition within 200 feet of the subject property is 19.96%; therefore, no super majority vote is required at this time. City of Colleyville Page 10 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 Councilmember Taylor stated the City's Charter includes an Initiative and a Referendum. The Initiative is when the citizens decide to make law themselves or take initiative to create legislation. Referendum is where City Council takes action and the citizens disagree and override City Council. The citizens, both for and against the issue, are the highest authority in the City, not the City Council. City Council acts on the citizen's behalf as the citizen's elected representatives when you have not spoken and given direction. In this case, the City Council did everything City Council could do because this went to the County level as a citizen initiative; the citizen's relieved the City Council of that action; the citizens took it to a higher governmental legislation. The City Council strengthened the ordinances in the event the initiative was approved to give the City Council as much authority as allowed under existing laws. Discussion ensued regarding the will of the people, the suitability of the proposed site for a package store and successful retail development in the Village at Colleyville. Councilmember Taylor stated he previously attended First Baptist Church in Colleyville, but currently attends First Baptist Church in Euless, but has not officially moved his membership. Councilmember Muhm moved to deny Ordinance 0-10-1775, without prejudice. Councilmember Hall seconded the motion. Councilmember Wollin stated this year, the City Council passed an Economic Strategic Plan to encourage businesses to locate in Colleyville, and, tonight, during the Pre Council meeting, the City Council discussed incentives to bring new business to the City and support existing businesses. Councilmember Taylor stated the City has one of the finest police forces in America and part of the reason citizens invest significantly in homes is because of the safety provided by the Police and Fire Department personnel. The negative statistics quoted about other areas of the county and country is not indicative of Colleyville and will not happen here. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 11 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 5b 0-10-1776 Amending Ordinance 0-92-880 setting fees and charges for City facilities Mayor Kelly read the caption of Ordinance 0-10-1776. 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 Hart moved to approve Ordinance 0-10-1776. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6. 6a ORDINANCE(S): FIRST READING AND PUBLIC HEARING 0-10-1777 Approval of changing the Texas Municipal Retirement System plan design from repeating to ad hoc annuity increases Mayor Kelly read the caption of Ordinance 0-10-1777. Human Resources Manager Elise Welborn provided information regarding the proposed change to the Texas Municipal Retirement System plan design from repeating to ad hoc annuity increases and stated an ad hoc benefit assumes that a city will not approve a Cost of Living Adjustment (COLA) every year, and thus only considers (1) retirees and (2) the current years' benefit liability and by implementing the ad hoc plan feature, the City's Texas Municipal Retirement System contribution rate is lowered. 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 Muhm asked what the following statement means, "If a City elects to provide COLAs year-over-year on an ad hoc basis in lieu of approving them annually as a repeating benefit, at a point in the future, the rate will eventually surpass what the repeating rate would have been". City of Colleyville Page 12 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 City Manager Jennifer Fadden stated, staff believes it will take about fifteen years for that to be the case and, in that fifteen year period, there could be significant change to the TMRS Act that would potentially calculate those COLA's differently than they are currently calculated and, thereby, nullifying that effect over time. There has been significant discussion by local governments, and to some extent the TMRS Board, to change the way the calculation is done, but it is currently defined by the TMRS Act. I believe there will be future discussions and many cities are considering this change and, thereby, creating interest and pressure to change the formula. Staff believe there is enough opportunity for the way the calculation is done that it is a lower risk. Councilmember Muhm stated, I will unequivocably state I am for pensions, but I have some friendly disagreements about how we provide for all of this because of the cost now and in the future, and I would like to look at the 2 to 1 match component. 6b 0-10-1778 Approval of amendments to Chapter 3.1 Oil and Gas Well Drilling and Production of the Land Development Code, GC10-011 Mayor Kelly read the caption of Ordinance 0-10-1778. Community Development Director Ron Ruthven provided an overview of the proposed amendments to Chapter 3.1 Oil and Gas Well Drilling and Production of the Land Development Code and stated the draft amendments were sent to Titan Operating, Chesapeake Energy, XTO and Energy Transfer for review and the second reading of the ordinance will be updated with some additional minor changes. Mayor Kelly opened the public hearing. Mr. Mike McCann, Chesapeake Energy, 100 Energy Way, Fort Worth, Texas, spoke in opposition to the proposed ordinance and regarding energy use, environmental safety and social responsibility and stated the proposed ordinance creates tensions between the state, federal and municipal laws and from an industry perspective will frustrate Chesapeake's concerns of social responsibility and economic viability and requested City Council table this ordinance for an opportunity to create a model ordinance. Mr. Scott Casanada, Chesapeake Energy, 100 Energy Way, Fort Worth, Texas, spoke in opposition to the proposed ordinance and requested the proposed ordinance be tabled to allow operators and staff to discuss objectives. Mr. Scott Redfearn, 7300 Chanel, expressed appreciation to City Manager Jennifer Fadden and Community Development Director Ron City of Colleyville Page 13 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 Ruthven for the development of an ordinance that protects the community and spoke regarding concerns related to water quality and testing for water impacts in the area. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Muhm expressed appreciation to City Manager Jennifer Fadden and Community Development Director Ron Ruthven for development of the proposed ordinance and to Chesapeake Energy representatives for attending the City Council meeting and requested Chesapeake Energy representatives provide their concerns to staff, in writing, for consideration. Community Development Director Ron Ruthven stated for any new construction that came after a gas well permit had been issued and there was an existing wellhead, the maximum setback distance prescribed in the new regulations is 300 feet. The setbacks for the distance between a wellhead and a residence or a park; that is from an existing structures when a new gas well application comes in. So those do not apply if someone wants to build a home within 800 feet of an existing wellhead, those actual separation requirements do not kick in. City Council requested staff provide information regarding the setback distances between tank batteries, well facilities and equipment. Councilmember Stan Hall asked the City Attorney, the City has one application that cleared Planning and Zoning Commission so this new ordinance would apply to Chesapeake Energy but the old would apply to the existing? City Attorney Matthew Boyle stated because this is all going to be part of a Special Use Permit process, the City Council can enact whatever restrictions the City Council desires regardless of any alledged grandfather entitlement. Councilmember Wollin expressed appreciation to the Planning and Zoning Commission, citizen input and staff for a comprehensive ordinance and requested Section 3.1 - 155 Gas or Oil Well Permit Approval "The Director of Public Works may condition the release of the Gas or Oil Well Permit upon the operator providing the security...." be amended to state "The Director of Public Works shall condition..." and include provisions to define and address wear and tear on the roads and expressed concerns related to compressors. Community Development Director Ruthven stated all compressors are prohibited. City of Colleyville Page 14 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3279 Consideration of an appeal of the decision by the Sign Board of Appeals by Robert True, for a variance regarding an electronic sign on Lot 7R1, Block 1 of the Heritage Office Parc Addition, located at 5203 Heritage Avenue, Case GC10-009 Mayor Kelly read Resolution R-10-3279 in its entirety. Community Development Director Ron Ruthven stated the Sign Board of Appeals denied a variance by the applicant at the September 14, 2010 meeting. The applicant wants to place an electronic wall sign to the front of the building that would face Heritage Avenue and to change messages in excess of five minutes. Currently, the sign ordinance allows businesses to have an electronic sign; however, on state highways, the messages can scroll every ten seconds, for any other business that is not on a state highway the message must remain static for at least five minutes. So, the variance is to allow the sign to change messages every ten seconds. Mayor Kelly opened the public hearing. Dr. Robert True, 5407 Miramar, outlined reasons for requesting a ten second flashing sign and stated the residential neighborhood is not close enough to be offended by the sign's lights and the sign will be aesthetically pleasing. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the location of the sign and the ability to read the sign with traffic flow. Dr. True agreed to limiting the usage of the sign to only daylight hours and stated the sign will not operate at night. Mayor Pro Tem Ayers moved to approve Resolution R-10-3279, with the inclusion that it only be operated less than five minutes in length during daylight hours. Councilmember Hart seconded the motion. Mayor Kelly made a friendly amendment to state the sign is allowed to change messages at a minimum of every ten seconds during daylight hours and at a minimum of every five minutes during night-time hours. City of Colleyville Page 15 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 Mayor Pro Tem Ayers and Councilmember Hart accepted the friendly amendment. Community Development Director Ruthven stated there are provisions in the Code of Ordinance to address potential complaints about the signage. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Library Board Minutes -September 13, 2010 Planning and Zoning Commission Minutes -September 27, 2010 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 19, 2010 -Reading and Public Hearing -Resolution R-10-3280 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn and Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 11:20 p.m. City of Colleyville Page 16 Printed on 11/4/2010 City Council City Council Minutes October 19, 2010 APPROVED BY A VOTE OF __ e~~ AYES, D NAYS AND ~ ABSTENTIONS ON THIS THE .~ DAY OF 2010. Minutest I~en and r ared by: Cynthia Singleton, TRMC, CM City Secretary City of Colleyville Page 17 Printed on 11/4/2010