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Home My WebLink AboutCity Council-Minutes-4/17/2007~,~, ,~, ,.. , City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, April 17, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the date and time for Councilmember and City Council portraits PC-2 Keep Colleyville Beautiful update and presentation by Roger Nelson, Chairman, Keep Colleyville Beautiful PC-3 Presentation and discussion of proposed refuse and recycling franchise agreement PC-4 Presentation of the Monthly Financial Report -March 2007 PC-5 Discussion of the April 17, 2007, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of litigation - Charleda Jean Elliott v. John Smith, Wildwood Suites Property Management, Inc., Ian Robert Smith, Montclair Parc Homeowners Association, Inc., Montclair Parc, Inc., and the City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 4/12/2007 City Council Agenda April 17, 2007 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Ricky Texada, Covenant 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-07-2826 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation Keep America Beautiful's Great American Cleanup and Arbor Day in Colleyville -Roger Nelson, Chairman, Keep Colleyville Beautiful, John and Charna Gray, Clean Sweep Co-Chairs Presentation City of Colleyville -American Water Works Association Texas Water Conservation and Reuse Award -Ken Tywater, Utility Superintendent 4. CONSENT: READING AND PUBLIC HEARING - R-07-2827 4a Approval of the minutes of the regular City Council meeting of April 3, 2007 4b Approval of a bid award for central control irrigation system flow sensor installation to Whitmore and Sons, Inc., in an amount not to exceed $102,712.50, and authorize the City Manager to execute the contract 4c Approval of a construction contract with JLB Contracting, LP, for Pleasant Run Road Paving and Drainage Improvements in the amount of $285,399.47, and authorize the City Manager to execute the contract 4d Approval of a construction contract with Reynolds Asphalt & Construction Co., for Shelton Drive Paving and Drainage Improvements, in an amount not to exceed $235,806.23, and authorize the City Manager to execute the contract City of Colleyville Page 2 Printed on 4/12/2007 City Council Agenda April 17, 2007 4e Approval of an amendment to an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement 4f Approval of the Final plat for The Reserve at Colleyville being 82.1 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-06-019 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1616 Approval to amend and replace Ordinance 0-90-797 providing for the Records Management Program 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1617 Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Points Addition located at 3930 Glade Road, Suite 126, Case Z-07-010 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2828 Approval to amend Resolution R-00-1647, changing the day of the National Night Out event 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Tax Increment Financing District Board Minutes -February 6, 2006 Sign Board of Appeals Minutes -May 9, 2006 Senior Center Advisory Committee Minutes -February 15, 2007 Library Board Minutes -March 5, 2007 Parks and Recreation Advisory Board Minutes -March 5, 2007 Zoning Board of Adjustments Minutes -March 13, 2007 Planning and Zoning Commission Minutes -March 26, 2007 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 17, 2007 - Reading and Public Hearing -Resolution R-07-2829 City of Colleyville Page 3 Printed on 4/12/2007 City Council Agenda April 17, 2007 11. ADJOURNMENT: I hereby certify the above agenda was posted April 13, 2007, by 5:00 p.m.. Cynthia Singleton, TRMC, CM City Secretary on the bulletin boards at City Hall on Friday, 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. Cify of Colleyville Page 4 Printed on 4h2/2007 `,~„ ~+ 100 Main Street ~,~ r~ City ~f CO~~eyV~~~e Coll (817) 503X1000 034 City Council Minutes www.colleyville.com ,,•.,; City Council Tuesday, April 17, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 17, 2007, at 5:35 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Director Chris Fuller, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. PC-1 Discussion of the date and time for Councilmember and City Council portraits City Secretary Cynthia Singleton stated it is a tradition to place a portrait of the City Council in the foyer of City Hall and individual pictures of Councilmembers on the City's web site. Ms. Singleton suggested that the portrait be taken on May 15, 2007, prior to the Pre Council meeting. Council determined that the portraits will be taken on May 15, 2007, at 5:30 p.m. prior to the Pre Council meeting. PC-2 Keep Colleyville Beautiful update and presentation by Roger Nelson, Chairman, Keep Colleyville Beautiful Mr. Roger Nelson, Chairman, Keep Colleyville Beautiful, expressed appreciation to the City Council for support of the program, provided an update of the Keep Colleyville Beautiful program and announced that Mr. John Blassingame will become Chairman effective May 1, 2007. Mr. Nelson further stated that the Keep Colleyville Beautiful affiliate received the 2006 President's Circle Recognition Award and three Colleyville schools received grants for their participation in the Students for Recycling program. City of Colleyville Page 1 Printed on 5/2/2007 City Council City Council Minutes April 17, 2007 Mr. Nelson invited citizens to participate in the adopt-a-spot program and assist in the beautification of the City and encouraged attendance and participation in the annual Clean Sweep event on April 28, 2007, at City Park. The activities include an Arbor Day and Tree City USA celebration. Mr. Nelson recognized "Champions of the Cause" Mayor David Kelly, Councilmember Rich Hendler, City Manager Bill Lindley, Parks and Recreation Director Monica Walsh and Colleyville Area Chamber of Commerce representatives Ret Stansberger and Chris Strittmatter and IESI representatives Bob Kneis and Norm Bulaich. Mayor Kelly expressed appreciation to Roger Nelson for exemplary leadership as Chairman of Keep Colleyville Beautiful and for obtaining state and national recognition for the City's program. PC-3 Presentation and discussion of proposed refuse and recycling franchise agreement Budget and Administrative Services Manager Stephen Seidel provided a presentation of the proposed refuse and recycling franchise agreement and rates. Mr. Bob Kneis, IESI Regional Manager, provided information regarding waste collection services and costs and answered questions of the City Council. Discussion ensued regarding the process and criteria for bulky waste collection, level of service and cost of service provided in the event of a disaster, methods of reducing the City's volume of waste and methods of informing the public of the changes. Council expressed appreciation to IESI for partnering with Colleyville and providing excellent waste collection service. City Council determined the franchise extension agreement for refuse services with IESI should be finalized at a rate of $10.05, which includes unlimited yard waste bags per pick up, up to four bundles of brush or fencing per pick up and four times per year bulky item pick up. PC-4 Presentation of the Monthly Financial Report -March 2007 Finance Director Terry Leake presented the March 2007 Financial Report and answered questions of the City Council. City of Colleyville Page 2 Printed on 5/2/2007 City Council City Council Minutes April 17, 2007 PC-5 Discussion of the April 17, 2007, City Council regular agenda items Councilman Taylor stated that he would like to discuss Consent Item 4f, during consideration of the Consent items. There being no further business, Mayor David Kelly declared the Pre Council meeting adjourned at 6:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 17, 2007, at 6:36 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Director Chris Fuller, Economic Development Manager Scott Welmaker, Library Director Mary Rodne, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of litigation - Charleda Jean Elliott v. John Smith, Wildwood Suites Property Management, Inc., Ian Robert Smith, Montclair Parc Homeowners Association, Inc., Montclair Parc, Inc., and the City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 3 Printed on 5/2/2007 City Council City Council Minutes April 17, 2007 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 6:36 p.m. and reconvened at 7:33 p.m. INVOCATION: Ricky Texada, Covenant 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-07-2826 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly invited citizens to attend the Clean Sweep, Arbor Day and Tree City USA celebration on April 28, 2007, at 9:00 a.m. at City Park. Mayor Kelly commended Roger Nelson for serving as Chairman of Keep Colleyville Beautiful and thanked John Blassingame for assuming the Chair in May. Public Works Director Steve Chutchian, Operations Manager Kelly Howell and Utility Superintendent Ken Tywater presented a 2006 Water Conservation and Reuse Award from the American Water Works Association to the City Council. Mr. Tywater introduced Ms. Emma Sheared of the Trinity River Authority, who designed the award winning drought resistant landscape at the Service Center. Mayor Kelly expressed appreciation to Ms. Sheared and staff for making water conservation a priority in the design and development of the landscaping. 4. CONSENT: READING AND PUBLIC HEARING - R-07-2827 4a Approval of the minutes of the regular City Council meeting of April 3, 2007 4b Approval of a bid award for central control irrigation system flow sensor installation to Whitmore and Sons, Inc., in an amount not to exceed $102,712.50, and authorize the City Manager to execute the contract Cify of Colleyville Page 4 Printed on 5/2/2007 City Council City Council Minutes April 17, 2007 4c Approval of a construction contract with JLB Contracting, LP, for Pleasant Run Road Paving and Drainage Improvements in the amount of $285,399.47, and authorize the City Manager to execute the contract 4d Approval of a construction contract with Reynolds Asphalt & Construction Co., for Shelton Drive Paving and Drainage Improvements, in an amount not to exceed $235,806.23, and authorize the City Manager to execute the contract 4e Approval of an amendment to an Economic Development Incentive and Sale Agreement, and authorize the City Manager to execute the agreement 4f Approval of the Final plat for The Reserve at Colleyville being 82.1 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-06-019 Mayor Kelly read Resolution R-07-2827 in its entirety. Community Development Director Chris Fuller provided information regarding Item 4f, Approval of the Final Plat for The Reserve at Colleyville, and spoke regarding the proposed trail system construction along the proposed subdivision, the connection of the trail to Whittier Heights, the maintenance of the sewer system and tree preservation. Mayor Kelly opened the public hearing. Ms. Linda Baker, 4900 Behrens Road, spoke regarding the connection of the proposed trail along The Reserve at Colleyville to Whittier Heights and the amenities of David Bagwell developments. Mr. Wendel Withrow, 709 Bandit Trail, Keller, Texas, spoke in favor of the proposed plat, development of the trail along The Reserve at Colleyville and tree preservation. Mr. Paul Cramer, 312 White Drive, spoke in opposition to the proposed trail along the development of The Reserve at Colleyville and regarding the removal of trees and requested that this item be tabled or denied. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Councilman Taylor asked the City Attorney if a Preliminary Plat is already in place. City of Colleyville Page 5 Printed on 5/2/2007 City Council City Council Minutes April 17, 2007 City Attorney Matthew Boyle responded, "that is correct." Councilman Taylor asked the City Attorney what latitude the Council has to modify the plat. City Attorney Matthew Boyle stated, "relative to the eventual minor amendment to the trail component, it would be at Council's discretion to do that at this point." Mr. Ron Shirley, developer, provided an overview of the proposed development and answered questions of the City Council. There was general discussion regarding access to the proposed trail by residents of The Reserve at Colleyville, boundary of the trail to Whittier Heights, length of trail and termination point of the proposed trail. Mayor Pro Tem Ayers moved to approve Resolution R-07-2827, with the addition to Item 4f, a five foot sidewalk connect from the trail to Shubert. Councilman Taylor seconded the motion and made a friendly amendment to amend the April 3, 2007 City Council minutes to insert the following phrase on Page 8, Item 7a, Resolution R-07-2824, "declaring the place held by Allison Hinman to be vacant" and appointing Ms. Jennifer Patterson to a term expiring December 2008 and Mr. Jason Williams and Ms. Ret Stansberger to a term expiring December 2007. Mayor Pro Tem Ayers accepted the amendment. The motion carried by the following vote: Aye: 6 -David Kelly, George Boll, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1616 Approval to amend and replace Ordinance 0-90-797 providing for the Records Management Program Mayor Kelly read the caption of Ordinance 0-07-1616. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 6 Printed on 5/?/2007 City Council City Council Minutes April 17, 2007 Councilman Taylor moved to approve Ordinance 0-07-1616. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, George Boll, Mike Taylor Absent: 1 -Rich Hendler Tony Licata, Jon Ayers, Tom Hart, 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1617 Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Points Addition located at 3930 Glade Road, Suite 126, Case Z-07-010 Mayor Kelly read the caption of Ordinance 0-07-1617. Community Development Director Chris Fuller provided an overview of the proposed Ordinance. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2828 Approval to amend Resolution R-00-1647, changing the day of the National Night Out event Mayor Kelly read Resolution R-07-2828 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilman Taylor moved to approve Resolution R-07-2828. Councilman Hart seconded the motion. City of Colleyville Page 7 Printed on 5/2/2007 City Council City Council Minutes April 17, 2007 The motion carried by the following vote: Aye: 6 -David Kelly, George Boll, Mike Taylor Absent: 1 -Rich Hendler Tony Licata, Jon Ayers, Tom Hart, 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Ernest Hedgecoth, 6012 Ponderosa, spoke regarding the zoning and development for 6000-6001 Colleyville Boulevard and the location of the driveway for the proposed development and the proximity of the driveway to his residence driveway. 9. REPORTS: Tax Increment Financing District Board Minutes -February 6, 2006 Sign Board of Appeals Minutes -May 9, 2006 Senior Center Advisory Committee Minutes -February 15, 2007 Library Board Minutes -March 5, 2007 Parks and Recreation Advisory Board Minutes -March 5, 2007 Zoning Board of Adjustments Minutes -March 13, 2007 Planning and Zoning Commission Minutes -March 26, 2007 There was no action taken on this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 17, 2007 - Reading and Public Hearing -Resolution R-07-2829 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilman Taylor moved to adjourn. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, George Boll, Mike Taylor Absent: 1 -Rich Hendler Tony Licata, Jon Ayers, Tom Hart, Mayor Kelly adjourned the meeting at 8:29 p.m. City of Colleyville Page 8 Printed on 5/2/2007 City Council City Council Minutes April 17, 2007 APPROVED BY A VOTE OF _~,~ AYES, ABSTENTIONS ON THIS THE /St- DAY OF Minutes taken a ared by: Cynthia Singleton, TRMC, MC City Secretary p NAYS AND !~ 2007. City of Colleyville Page 9 Printed on 5/2/2007