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
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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
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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".
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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
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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.
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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.
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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.
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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
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