HomeMy WebLinkAboutCity Council-Minutes-4/7/2015
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, April 7, 2015 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Presentation and discussion on Special Events
PC-2 Discussion of the April 7, 2015, City Council 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 - Consultation with attorney regarding the
Municipal Court Judge appointment and duties
Section 551.071 - Legal - Consultation with attorney regarding Glade Road
Initiative
Section 551.071 - Legal - Consultation with attorney relative to Heritage
Avenue right-of-way (access)
Section 551.071 - Legal - Consultation with attorney on contemplated
litigation (Camden Lock LLC)
Section 551.071 - Legal - Consultation with attorney regarding litigation -
Billy McCullough v. City of Colleyville
Section 551.071 - Legal - Consultation with attorney regarding litigation -
Michael S. Newman v. City of Colleyville and City of Keller
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City Council Agenda April 7, 2015
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities
Section 551.074 - Personnel - Deliberate the appointment, employment,
evaluation, and duties of the city manager
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from
business prospects that the City seeks to have locate, stay, or expand in
the City and with which the City is conducting economic development
negotiations; deliberate the offer of a financial or other incentive to a
business prospect
RESUME REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Dave Jung, Crown of Life Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-15-3861
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation of a proclamation declaring April 8, 2015, Millie Stuck
Day in Colleyville - Mayor David Kelly
Presentation of a proclamation in recognition of Child Abuse
Prevention Month, Julie Evans, Executive Director, Alliance For
Children - Mayor David Kelly
Presentation of the Government Finance Officers Association (GFOA)
Distinguished Budget Presentation Award - Assistant City Manager
and Chief Financial Officer Terry Leake, Finance Manager Karen Hines,
and Strategic Services Manager Adrienne Lothery - Mayor David Kelly
City of Colleyville Page 2
City Council Agenda April 7, 2015
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-15-3862
4a Approval of the minutes of the regular City Council meeting of March
17, 2015
5. ORDINANCE(S): CONTINUED READING AND PUBLIC HEARING
5a Ordinance O-15-1949
Consideration for a Special Use Permit for a telecommunications
tower on Lot 5R-1, Block 1, of the Andy Felps Addition, located at
4003 Colleyville Boulevard, Case ZC14-027
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-15-3863
Authorization to utilize the Parks Tomorrow Fund for the acquisition of
a chlorinating recirculation system and approve a contract with Vortex
International, in an amount not to exceed $140,000, and authorize
the city manager to execute the contract
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
8. REPORTS
Parks and Recreation Advisory Board Meeting Minutes - January 5, 2015
Planning and Zoning Commission Meeting Minutes - February 9, 2015
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 7,
2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3864
10. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Thursday, April
2, 2015, by 5:00 p.m.
Amy Shelley, TRMC
City Secretary
City of Colleyville Page 3
City Council Agenda April 7, 2015
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
City of Colleyville
City Council
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, April 7, 2015 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on Tuesday, April 7, 2015, at 5:33 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember
Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam,
Councilmember Tom Hart, and Councilmember Jody Short
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Executive Director of Development and Infrastructure Chris Fuller,
Police Chief Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian
Riley, Economic Development Director Marty Wieder, Recreation and Library
Director Mary Rodne, Parks Manager James Hubbard, Public Works Director Bob
Lowry, City Engineer Jeremy Hutt, Interim Community Development Director
Adam Marsh, Communications and Marketing Director Mona Gandy, Strategic
Services Manager Adrienne Lothery, Information Systems Manager Chris Pena,
City Attorney Matthew Boyle, and City Secretary Amy Shelley
PC-1 Presentation and discussion on Special Events
Library Director Mary Rodne presented this item and briefed City Council.
Councilmember Wollin stated it is nice that something is going on almost every
month.
Mayor Kelly asked City Council if they were good with Director Rodne's proposed
outline. City Councilmembers agreed.
PC-2 Discussion of the April 7, 2015, City Council regular agenda items
There was no discussion of this item.
Mayor Kelly adjourned the Pre Council meeting at 6:00 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Kelly at 7:32 p.m.
City of Colleyville Page 1
City Council Minutes April 7, 2015
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol
Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam,
Councilmember Tom Hart, and Councilmember Jody Short
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Executive Director of Development and Infrastructure Chris Fuller,
Police Chief Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian
Riley, Economic Development Director Marty Wieder, Parks Manager James
Hubbard, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Interim
Community Development Director Adam Marsh, Communications and Marketing
Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information
Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary
Amy Shelley
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 - Consultation with attorney regarding the
Municipal Court Judge appointment and duties
Section 551.071 - Legal - Consultation with attorney regarding Glade Road
Initiative
Section 551.071 - Legal - Consultation with attorney relative to Heritage
Avenue right-of-way (access)
Section 551.071 - Legal - Consultation with attorney on contemplated
litigation (Camden Lock LLC)
Section 551.071 - Legal - Consultation with attorney regarding litigation -
Billy McCullough v. City of Colleyville
Section 551.071 - Legal - Consultation with attorney regarding litigation -
Michael S. Newman v. City of Colleyville and City of Keller
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities
Section 551.074 - Personnel - Deliberate the appointment, employment,
evaluation, and duties of the city manager
Section 551.087 – Economic Development - Discuss or deliberate regarding
City of Colleyville Page 2
City Council Minutes April 7, 2015
commercial or financial information that the City has received from
business prospects that the City seeks to have locate, stay, or expand in
the City and with which the City is conducting economic development
negotiations; deliberate the offer of a financial or other incentive to a
business prospect
Mayor Kelly explained the Executive Session had been called in accordance with
the Texas Government Code, Chapter 551, Subchapter D, Section 551.071,
Legal, Section 551.072, Real Estate, Section 551.074, Personnel, and Section
551.087, Economic Development. He further explained there would be no
decisions made or action taken during this time. The meeting was recessed at
6:00 p.m. and reconvened at 6:01 p.m.
INVOCATION: Pastor Dave Jung, Crown of Life Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3861
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation of a proclamation declaring April 8, 2015, Millie
Stuck Day in Colleyville - Mayor David Kelly
Presentation of a proclamation in recognition of Child Abuse
Prevention Month, Julie Evans, Executive Director, Alliance
For Children - Mayor David Kelly
Presentation of the Government Finance Officers Association
(GFOA) Distinguished Budget Presentation Award - Assistant
City Manager and Chief Financial Officer Terry Leake, Finance
Manager Karen Hines, and Strategic Services Manager
Adrienne Lothery - Mayor David Kelly
Councilmember Wollin encouraged everyone to attend the Friends of the Library
Bargain Book Sale to be held on Saturday, May 2. She also encouraged everyone
City of Colleyville Page 3
City Council Minutes April 7, 2015
to donate books to be used toward the sale.
Mayor Kelly announced the Clean Sweep Event to be held on Saturday, April 18
from 9:00 a.m. to 11:00 a.m. at the Colleyville Heritage High School. He
stated the event is conducted on a first-come, first-served basis and proof of
residency is required—either a current driver’s license or recent water bill. He
stated only 50 cars are guaranteed for access to the Crud Cruiser, since it fills up
quickly. He further explained items that are not accepted during this event, such
as ammunition, asbestos, explosives, medical waste, pharmaceuticals, radioactive
materials, etc.
Mayor Kelly announced the annual Old Tyme Colleyville BBQ event that benefits
Special Olympics to be held beginning at 6:00 p.m. on Friday, April 24 and then all
day on Saturday, April 25. He encouraged everyone to attend this event and
enter the BBQ cook-off.
Councilmember Short encouraged everyone to support the Grapevine-Colleyville
Girls Soccer program and games.
Mayor Kelly presented a proclamation to Millie Stuck, declaring April 8, 2015 as
Millie Stuck Day in Colleyville in recognition of her 100th birthday. Mrs. Stuck
expressed her appreciation to the Mayor and the City for the recognition. She
further explained the things she does with her time, and how Colleyville has
changed over her years here as a citizen.
Mayor Kelly presented a proclamation to Julie Evans, Executive Director and David
Wheelwright, Board President, Alliance for Children in recognition of Child Abuse
Prevention Month - April. Ms. Evans expressed her appreciation to the Mayor and
the City for the recognition.
Mayor Kelly presented the Government Finance Officers Association (GFOA)
Distinguished Budget Presentation Award to Assistant City Manager/Chief Financial
Officer Terry Leake and Strategic Services Manager Adrienne Lothery. This award
and certificate represents a significant achievement and reflects the City Council
and staff's commitment to meeting the highest principles of governmental
budgeting. In order to receive the budget award, the City had to satisfy nationally
recognized guidelines for effective budge presentation.
4.
CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3862
4a Approval of the minutes of the regular City Council meeting of March
17, 2015
Mayor Kelly read Resolution R-15-3862 in its entirety.
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City Council Minutes April 7, 2015
Mayor Kelly opened the public hearing at 7:56 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 7:56 p.m.
Councilmember Tom Hart moved to approve Resolution R-15-3862.
Councilmember Carol Wollin seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember
Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris
Putnam, Councilmember Tom Hart, Councilmember Jody Short
5. ORDINANCE(S): CONTINUED READING AND PUBLIC HEARING
5a Ordinance O-15-1949
Consideration for a Special Use Permit for a telecommunications
tower on Lot 5R-1, Block 1, of the Andy Felps Addition, located at
4003 Colleyville Boulevard, Case ZC14-027
Mayor Kelly read the caption of Ordinance O-15-1949.
Interim Community Development Director Adam Marsh presented this item and
briefed City Council.
Mayor Kelly opened the public hearing at 7:58 p.m.
Kathy Zibilich, 8150 N. Central Expressway, #1475, Dallas, presented this item
and briefed City Council.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 7:59 p.m.
Mayor Pro Tem Taylor questioned Ms. Zibilich regarding the time extension of
two years on the Special Use Permit. Ms. Zibilich stated there is a big push to
get cell phone coverage; therefore, they are currently back-logged on their
construction. She stated they believe they will be able to get finished in one
year; however, they are not sure, at this point, that it can be constructed in one
year.
Mayor Pro Tem Taylor questioned Ms. Zibilich regarding if there could be a
change in technology in that timeframe that this tower would not be needed.
Ms. Zibilich replied that is a possibility; however, this technology has been
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City Council Minutes April 7, 2015
around for several years and she does not know of anything in the near future.
Mayor Kelly questioned Ms. Zibilich regarding if this two-year timeframe would
still meet the telecommunications requirements and timeline for permitting. Ms.
Zibilich replied there are no issues with this two-year timeframe.
Mayor Pro Tem Taylor questioned Ms. Zibilich regarding if there is any new data
to indicate another site would be more appropriate. Ms. Zibilich replied there is
no new information, and the site acquisition representative did formalize the
information in an affidavit.
Mayor Kelly stated there is a structural engineering report for the durability of
the poles, which indicate the poles break-away rather than falling over. Ms.
Zibilich replied correct.
Councilmember Tom Hart moved to approve Ordinance O-15-1949.
Councilmember Chuck Mogged seconded the motion.
Councilmember Wollin stated she would like to make an amendment to
recommend a color for the tower.
Mayor Kelly questioned staff regarding if there is a recommendation of a color
in the ordinance. Director Marsh replied no.
Councilmember Wollin stated she would suggest using a grey or black. Mayor
Pro Tem Taylor stated the grey color will blend with the sky better.
Councilmember Mogged asked Ms. Zibilich if there is a color that is standard
with this construction. Ms. Zibilich replied grey is usually the standard color;
however, she stated being in favor of whatever color City Council choses for
Colleyville.
Councilmember Wollin stated she would like the same color used for the Tara
Village tower in their Special Use Permit ordinance. Mayor Kelly concurred.
Director Marsh stated staff has those specifications and will add it to the
ordinance.
The motion to approve with the amendment carried by the following
vote:
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember
Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris
Putnam, Councilmember Tom Hart, Councilmember Jody Short
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City Council Minutes April 7, 2015
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-15-3863
Authorization to utilize the Parks Tomorrow Fund for the acquisition of
a chlorinating recirculation system and approve a contract with Vortex
International in an amount not to exceed $140,000, and authorize the
city manager to execute the contract
Mayor Kelly read Resolution R-15-3863 in its entirety.
Parks Manager James Hubbard presented this item and briefed City Council.
Mayor Kelly stated the price has come down since the original estimate of
$300,000 given in 2009-2010. Manager Hubbard agreed.
Mayor Kelly opened the public hearing at 8:11 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:11 p.m.
Mayor Kelly asked staff if the splash pad is available for the full season and
without the circulation system, what the approximate amount of water used is.
Manager Hubbard replied an estimated four million gallons of water is used
during a full season.
Mayor Kelly asked staff if the recirculation system is installed, what the
approximate amount of water is used during a full season. Manager Hubbard
replied approximately 1/2 million gallons would be used, with one-two thousand
gallons being used per day.
Mayor Kelly questioned staff regarding the water conservation plan. City
Manager Jennifer Fadden explained staff is seeking City Council approval for not
only retrofitting the splash pad, but also based on the project execution within
the 2015 splash pad season.
Mayor Kelly stated there appears to be two options, first, not open the splash
pad until after construction is completed, which would then be the end of the
season for it; or two, the splash pad could be opened and remain open up to the
date of construction, and then may be reopened after construction, depending
on the time frame of such. Manager Hubbard replied it is unlikely the splash
pad would be able to be reopened, due to the end of the season.
Mayor Kelly asked staff how long the splash pad would be open, if it opens on
Memorial Day. Manager Hubbard replied approximately 10 weeks, and 2.5
million gallons of water would be used during that time frame.
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City Council Minutes April 7, 2015
Mayor Pro Tem Taylor stated it really does not make any sense to install the
recirculating system in at the end of the season and then loose the warranty
period. He stated it makes more sense for the construction to be done just prior
to the splash pad season so that the warranty can be used during that season.
Manager Hubbard stated at the time this was pursued the timeline was much
tighter; however, as staff was not able to provide the contract, the contractor
has since taken on other work. Mayor Kelly agreed. Mayor Pro Tem Taylor
stated we should just wait until just prior to the next season to have the full
warranty.
Councilmember Mogged stated the idea of postponing it makes sense. He then
asked staff why we would do this at all, if we are not likely to have a water
problem at all, especially since the water run off goes back through the basin or
the sanitary sewer system and then gets recycled that way. Mayor Kelly stated
we are asking our residents to conserve water, yet, we would not be conserving
water, if we do not install this system. He stated this is not a cost savings
effort, it is more of a conservation effort. He added this system was assessed in
2010, and the cost to benefit was too much.
Councilmember Mogged stated maybe we should wait again, given the cost went
down once, it could go down again. Mayor Kelly stated this could be approved
with the cost not to exceed $140,000, and the contract may come back less
than that.
Mayor Pro Tem Taylor asked staff how many bids were received for this project.
Manager Hubbard replied there were two, BuyBoard vendors.
Mayor Pro Tem Taylor asked staff if the bids were close. Manager Hubbard
replied yes, and actually one bid was two percent lower; however, there were
some qualification issues with that bid relative to their recirculation efforts. He
added Vortex was the original contractor; therefore, they already know how the
splash pad was installed.
Mayor Pro Tem Taylor asked staff if this will take place in the early spring.
Manager Hubbard replied yes, that is likely.
Mayor David Kelly moved to approve Resolution R-15-3863 with an
amendment to the resolution to include that the installation of the
system would be installed after the 2015 season, but before the 2016
season to maximize the extent of the warranty period. Councilmember
Chris Putnam seconded the motion.
The motion to approve carried by the following vote:
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City Council Minutes April 7, 2015
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember
Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris
Putnam, Councilmember Tom Hart, Councilmember Jody Short
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Jim Fletcher, 1108 Nueces Court, spoke regarding his concerns for the traffic and
safety on Glade Road; the intersection at Riverwalk Drive and Glade Road; the line
of site at Bluebonnet Drive and Glade Road; and the proposed petition. He spoke
in support of a roundabout at the Riverwalk Drive and Glade Road intersection.
Ben Fulghum, 1800 Arthur Drive, spoke regarding his concerns for the petition on
the ballot. He spoke in favor of turn lanes and safety on Glade Road.
Jeff Novak, 1809 Avondale Drive, stated he echoes the concerns of Councilmember
Mogged relative to the safety of Glade Road, and stated having concerns the
response times for emergency vehicles.
Melissa McConnell Hart, 1717 Avondale Drive, spoke regarding her concerns for
the safety of Glade Road; the proposed petition; and not having sidewalks along
both sides of Glade Road. She stated being in favor of left turn lanes, sidewalks,
and roundabouts on Glade Road.
Kathy Hadley, 204 North Timberline Drive, spoke regarding the rural feel of
Colleyville, and stated having concerns about water meters on private water
wells. Mayor Kelly encouraged Ms. Hadley to visit with staff relative to water wells.
Jon Bullock, 5808 Bettinger, spoke regarding the rural feel of Colleyville, and
stated having concerns about the proposed petition on the ballot.
Louis Miller, 7802 Tillman Hill Court, spoke regarding the past 10 years, and turn
lanes and medians on Glade Road. He stated having concerns about the proposed
petition on the ballot.
Joe Moore, 133 Acuff Lane, spoke regarding pathways and trails as outlined in the
2011 Parks and Recreation Master Plan. He stated having concerns about the
proposed petition on the ballot, and that he supports safer roads, sidewalks, and
trails.
Bobby Lindamood, 4913 Jim Mitchell Trail West, stated being in favor of
roundabouts, turn lanes, and sidewalks on the south side of Glade Road. He stated
he supports change through grass root efforts.
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City Council Minutes April 7, 2015
Elizabeth Zeitlin, 1800 Glade Road, spoke regarding the proposed petition, and
that citizens should have a fair vote regarding Glade Road.
David Medlin, 605 Montreux Avenue, spoke regarding the proposed petition, safety
along Glade Road, and City Council working with citizens relative to projects.
8. REPORTS
Parks and Recreation Advisory Board Meeting Minutes - January 5, 2015
Planning and Zoning Commission Meeting Minutes - February 9, 2015
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 7,
2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3864
This resolution was not needed.
10. ADJOURNMENT
There being no further business before the City Council, Mayor Kelly adjourned the
meeting at 9:07 p.m.
Mayor Kelly reconvened the Executive Session at 9:10 p.m. Mayor Kelly
adjourned the Executive Session at 9:23 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
21ST DAY OF APRIL 2015.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary
City of Colleyville Page 10