City of Colleyville Page 1

City of ColleyvilleCity Council

Minutes - Draft

City Hall100 Main Street

Colleyville, Texas 76034817. 503.1000

www.colleyville.com

Tuesday, August 19, 2014 City Council Chambers

Mayor David Kelly called the Pre Council meeting of the Colleyville City Council toorder on August 19, 2014, at 5:37 p.m.

ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and CouncilmembersChuck Mogged, Chris Putnam, and Jody Short.

Absent: Councilmembers Carol Wollin and Tom Hart

City Manager Jennifer Fadden, Assistant City Manager and Chief Financial OfficerTerry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief BrianRiley, Economic Development Director Marty Wieder, Recreation and LibraryDirector Mary Rodne, Human Resources Director Michelle Reyes, Colleyville CenterManager Leslie Hill, Parks Manager James Hubbard, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Strategic Services ManagerAdrienne Lothery, Information Systems Manager Chris Pena, City AttorneyMatthew Boyle, and City Secretary Amy Shelley.

PC-1 Discussion of a resolution to rescind Resolution R-09-3065 supporting localoption taxes and fees to fund transportation, and discussion of a resolutionrestricting construction and funding of a rail station in Colleyville

Councilmember Putnam presented this item and briefed the City Council. Thediscussion started with a video from Channel 8 News. He then read a preparedstatement.

Councilmember Putnam stated he would like to advance a resolution to rescindResolution R-09-3065, possibly at the next City Council meeting. He added hewould like to further extend the moratorium on train station construction inColleyville. He stated it would be good to have conversations about tactics andstrategies to actively lobby and influence our regional partners, as well aslegislators of TEX Rail to prevent the rail from coming through Colleyville. Hestated there is no dispute that the railway owns the rail, but there are strategiesand tactics to stop it.

Mayor Kelly asked Councilmember Putnam, for clarification, “ do we not want toallow the voters the right to choose if they want to fund transportation locally?” Councilmember Putnam replied the resolution has been generically characterizedas a generic support for transportation.

City Council Minutes - DRAFT August 19, 2014

City of Colleyville Page 2

Councilmember Putnam asked the City Council the City’s position on TEX Rail. Mayor Kelly stated he has no position on the rail. Councilmember Putnam statedby not having a position, you have a position.

Mayor Kelly explained the previous discussions relative to a rail station inColleyville.

Councilmember Putnam stated it seems there would be no problem to extend themoratorium on a rail station in Colleyville.

Mayor Kelly asked Councilmember Putnam the necessity in extending themoratorium. Councilmember Putnam stated there are a significant number ofcitizens, particularly in the western portion of the city, that want to be assuredthere is no possibility of a rail station in Colleyville.

Councilmember Putnam stated he wants support to rescind the original resolution, which rescinds our public support for commuter rail in our city.

Mayor Kelly stated the City has no say in terms of what can go on the rail; however, we have stated our request that we would like minimal rail traffic.

Councilmember Putnam stated he has not seen any public statements of therebeing any public opinion, unless the resolution is the policy. Mayor Kelly repliedthe resolution is not the policy, it is simply the support for the North Central TexasCouncil of Governments’ ( NCTCOG) request for support for legislation, which isnow moot, to allow local citizens to decide.

Councilmember Putnam asked Mayor Kelly about any harm in rescinding it. MayorKelly asked what the purpose in rescinding it is.

Councilmember Short stated there was not a problem with rescinding theresolution, but there is a problem with transportation in the state of Texas. Hestated we should encourage the legislature to take a position to do somethingabout that. He then asked Councilmember Putnam if he had any suggestions. Councilmember Putnam stated his focus is on ensuring there is a public messageto The T that Colleyville does not support TEX Rail in our community. He added hecannot be the only Councilmember that represents this issue, given that thisimpacts our community in a very fundamental way.

Mayor Kelly concurred and stated the discussions have always included that thesafety and home values of the residents must be ensured by those things that canbe controlled by the local government, such as installing quad gates.

Councilmember Putnam stated we can have an active role in preventing TEX Rail.

City Council Minutes - DRAFT August 19, 2014

City of Colleyville Page 3

Councilmember Mogged questioned City Attorney Matthew Boyle regarding thelegal perspective for Colleyville since the 81st Legislature has concluded, relative toResolution R-09-3065. City Attorney Matthew Boyle replied City Council can onlyact pursuant to the adoption of another ordinance or resolution.

Councilmember Mogged stated he has spoken with U.S. Representative KennyMarchant and Senator Ted Cruz regarding this topic, and both have stated beingopposed to earmarks and not favorably disposed to an investment that will losemoney on a daily basis.

Councilmember Putnam stated we should be articulating our position with theregional transportation board. Councilmember Mogged stated he did by speakingwith those representatives.

Councilmember Mogged asked Councilmember Putnam what impact he thought wecould have as a City Council. Councilmember Putnam replied we can empower ourrepresentative on the NCTCOG’s Regional Transportation Council ( RTC) to activelylobby against the TEX Rail on the Cotton Belt.

Mayor Pro Tem Taylor asked Councilmember Putnam how we would state thisposition, given that two adjacent cities want the TEX Rail. Councilmember Putnamreplied that is not his problem. Mayor Pro Tem Taylor stated Colleyville has beenvery clear that we do not want a rail station, and the location of a rail station, onall The T maps, has been removed.

Mayor Pro Tem Taylor stated he too had talked with Colleyville’s staterepresentative about stopping TEX Rail from coming through town, and therepresentative replied that this was not within his purview.

Councilmember Putnam stated there needs to be a public position that we do notsupport TEX Rail. He added the minutes of previous City Council meetings reflectthat City Council states “ it’s not a problem within our legislative purview.”

Mayor Pro Tem Taylor stated no one has suggested how to mitigate this. Councilmember Mogged stated the biggest mitigation is to lobby therepresentatives who have control of the purse strings to not spend the money forthis project.

Councilmember Putnam stated it impacts our city in nothing but negative ways, sowhy is the City not taking an active role to lobby against it.

Councilmember Short suggested it would be better to work strategically with thoseagencies who are putting this through, rather than to work against them.

City Council Minutes - DRAFT August 19, 2014

City of Colleyville Page 4

Councilmember Putnam stated because we do not want this, and by doing nothingwe are allowing it to happen.

Mayor Pro Tem Taylor asked City Council if they want to put forth a resolution, hestated he will carry forward that message, as the representative on the RTC. Hestated everyone will have to have the understanding that we are one of 16 citiesaffected by this project.

Mayor Pro Tem Taylor stated we have all been effective in communicating we donot want a rail station in Colleyville.

Councilmember Putnam asked City Council why not extend the moratorium? Mayor Pro Tem Taylor replied that extending it states we are not going to dosomething we do not want to do, especially since there is no money to do it, nordo we want to set aside the tax to do it.

Councilmember Mogged questioned City Attorney Matthew Boyle regarding if theresolution has an actual expiration date. City Attorney Matthew Boyle replied theonly real expiration on a resolution is a subsequent action by City Council.

Councilmember Putnam stated his understanding was that it expires this month. City Attorney Matthew Boyle replied nothing about the moratorium will change, absent a subsequent action by this body.

Mayor Pro Tem Taylor stated a citizen initiative would override the Councilresolution.

Councilmember Mogged stated the moratorium is still in effect, and it is still theCity’s position. He added he does not have an issue with extending it intoperpetuity. Councilmember Putnam stated that is what he is suggesting.

Mayor Pro Tem Taylor stated he would carry forward Colleyville’s position, but hewould have to get on the RTC agenda to do so.

Mayor Kelly stated he has been involved during this entire process, and there hasnot been the ability to have a rail station in Colleyville since no funding isavailable, even though the Citizen Rail Committee recommended a rail station. Headded he has not heard of any recent concerns of there being a rail station inColleyville.

Councilmember Putnam stated extending the rail station moratorium was asecondary consideration based on the feedback that he had been given by Citystaff that the moratorium expires this month. He stated he has not heard adefinitive answer from the city attorney that this is the case. He suggested once a

City Council Minutes - DRAFT August 19, 2014

City of Colleyville Page 5

definitive answer is given, that may put an end to the rail station discussion. Headded the primary consideration was for the rescinding of what he believes isColleyville’s public support for taxpayer funded commuter rail. He stated he is nothearing support, rather he is hearing that it is a “ tempest in a teapot”; a politicalissue; there is nothing we can do about it; we are just going to let it happen to us. He stated he would leave it at that, and he hopes it is a political issue.

Mayor Pro Tem Taylor stated he would support Councilmember Putnam on this, and he added he hoped Councilmember Putnam would come to the meetings inwhich this topic is being discussed with state representatives.

Mayor Pro Tem Taylor asked Councilmember Putnam about next steps. Councilmember Putnam stated the first step is to advance a resolution to send aclear message to the RTC stating publicly that the City of Colleyville does notsupport TEX Rail. He added a workshop could be held to influence other partnersand state legislators. He stated this would politically influence the situation, butthat is better than doing nothing.

Councilmember Mogged questioned staff regarding if the resolution is still thestated policy, absent any subsequent action. City Attorney Matthew Boyle replied, absent any other City Council action that was correct.

Councilmember Putnam stated the issue is whether or not the City will take aformal public position in opposing the TEX Rail.

Councilmember Short stated progress was made when the location on the map fora rail station in Colleyville was removed.

Mayor Kelly asked Councilmember Putnam about his assertion that items wereadded to an agenda at the last minute. Councilmember Putnam replied the itemabout the quad gates was not added to the formal agenda, but he did not knowthe date.

Mayor Kelly questioned City Attorney Matthew Boyle regarding if agenda items canbe added to the agenda while in session. City Attorney Matthew Boyle statedaction can only be taken on items that have been posted in accordance with theOpen Meetings Act.

Councilmember Putnam stated he would have to check back on the actual dateand the agenda in question. Mayor Kelly stated he remembered there being aconsent agenda item that was removed to be a stand-alone resolution; therefore, it was moved to the ending resolution as per standard procedure. CouncilmemberPutnam stated he believed it was a separate issue, and he stated he would clarifythis.

City Council Minutes - DRAFT August 19, 2014

City of Colleyville Page 6

Mayor Kelly stated there is a draft agenda that goes out the Tuesday before theCity Council meeting, so that staff can be approached about items that CityCouncil may wish to be added; however, the final agenda sent out on the Fridaybefore the meeting, is the final agenda and it cannot be changed.

Mayor Kelly stated if we want to move something forward, then we need to makesure the other two Councilmembers are present and able to provide input.

Mayor Kelly encouraged citizens to visit with their state representatives to voicetheir concerns about the rail.

City Manager Jennifer Fadden asked City Council if they would like staff toorchestrate a public forum with the T and state representatives to discuss the rail, and she asked if they would like this item to be placed on a future agenda todiscuss with the Councilmembers who were absent.

Mayor Pro Tem Taylor stated he would rather have the public forum.

Councilmember Putnam stated he agreed with Mayor Kelly for the T to give us anupdate, as well as a public forum for questions, or a town hall meeting.

Mayor Kelly concurred, he would like to have the public forum in which the publiccould speak.

PC-2 Presentation and discussion of fees and charges

This item is scheduled to be discussed at the September 16, 2014 meeting, sincethere was no time to discuss it during this meeting.

PC-3 Discussion of the City Hall landscape improvements

Parks Manager James Hubbard presented this item and briefed the City Council.

Mayor Kelly questioned staff regarding if a mitigation plan will be in place for thesetrees being removed. Manager Hubbard replied a mitigation plan could bedetermined.

Councilmember Short questioned staff regarding if the initial landscape company isbeing used for the plaza design. Manager Hubbard replied no, they were notcontacted.