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HomeMy WebLinkAboutCity Council-Minutes-5/1/2007/~.~ f~ _~ ~'r I ~ ,, , City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, May 1, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the proposed Street Capital Improvement Work Plan PC-2 2007 Work Plan Quarterly Update PC-3 Presentation of the Quarterly Investment Report PC-4 Presentation of the Quarterly Budget Update PC-5 Discussion of consideration to nominate a Councilmember to serve on the North Central Texas Council of Governments (NCTCOG) 2007-2008 Executive Board PC-6 Discussion of the Bronze Dedication Plaque for the New Fire Stations PC-7 Discussion of the May 1, 2007, City Council regular agenda items 6:25 P.M. -PLANNING AND ZONING COMMISSION COMMITTEE APPLICANT INTERVIEWS 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. 551.071 -Legal -Discussion of potential litigation -Texas Propane Association v. City of Colleyville City of Colleyville Page 1 Printed on 4/27/2007 City Council Agenda May 1, 2007 Sec. 551.071 -Legal -Discussion of potential litigation -Westmont Maintenance Association and David Bagwell v. City of Colleyville and Dean Construction 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Dale Smith, Colleyville Presbyterian 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-07-2830 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamations Colleyville Heritage High School - In recognition of the 2006-2007 State Title Recipients -Becky Prentice, CHHS Principal and CHHS Students Grapevine High School - In recognition of the 2006-2007 State Title Recipients - Dr. Jerry Hollingsworth, GHS Principal and GHS Students Police Memorial Week - In recognition of Reserve Officer Dennis Harrell, killed in the line of duty -Tommy Ingram, Police Chief National Public Works Week -Steve Chutchian, Public Works Director Colleyville Citizens Police Academy -Tommy Ingram, Police Chief and Community Services Officer Bill Hudgins City of Colleyville Page 2 Printed on 4/27/2007 City Council Agenda May 1, 2007 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2831 4a Approval of the minutes of the regular City Council meeting of April 17, 2007 4b Approval of Broker/Dealer firms for investment purchases 4c Approval of a $420,000line of credit with Wells Fargo Bank for equipment and furnishings for the new fire stations 4d Approval of a request for a waiver of escrow funds for sidewalks at the Whittier Heights -Phase II Addition located adjacent to McDonwell School Road 4e Approval to declare McPherson Park playground equipment surplus property of no monetary value and authorize the City Manager to convey same to the McPherson family 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1617 Approval for a Special Use Permit for alcohol sales on a portion of Lot 4, Block 1 of the Glade Pointe Addition located at 3930 Glade Road, Suite 126, Case Z-07-010 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1618 Approval to amend and replace the franchise contract for the collection and disposal of garbage, trash and recycling materials within the City of Colleyville 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2832 Consideration of appointment to the Planning and Zoning Commission 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Senior Center Advisory Committee Minutes -March 15, 2007 Planning and Zoning Commission Minutes -April 9, 2007 City of Colleyville Page 3 Printed on 4/27/2007 City Council Agenda May 1, 2007 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 1, 2007 - Reading and Public Hearing -Resolution R-07-2833 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 27, 2007, by 5' i ~- 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 4/27/2007 ,;,~„ 100 Main Street ~- City of Colleyville Colleyville, Texas 76034 ~~ ~ j~ (817) 503-1000 City Council Minutes www.colleyville.com ~.,, City Council Tuesday, May 1, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 1, 2007, at 5:34 p.m. ROLL CALL: Councilmembers Tony Licata, Rich Hendler, 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, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Budget and Administrative Services Manager Stephen Seidel, Management Assistant Matt McCombs, Parks and Recreation Director Monica Walsh, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember George Boll was absent. PC-1 Discussion of the proposed Street Capital Improvement Work Plan Public Works Director Steve Chutchian provided information regarding the priority of the residential and intersection projects to be completed over the next ten years and answered questions of the City Council. Finance Director Terry Leake provided information regarding the cost, funding sources and timeline for the street and intersection projects and answered questions of the City Council. There was general discussion regarding the priority of the projects, financing strategy, County participation in street maintenance and the desires of the citizens related to intersection improvements. The City Council determined that the discussion of the Street Capital Improvement Work Plan should continue at future Pre Council meetings. PC-2 2007 Work Plan Quarterly Update Due to time constraints, it was determined that this item would be discussed at a future Pre Council meeting. City of Colleyville Page 1 Printed on 5/18/2007 City Council City Council Minutes May 1, 2007 PC-3 Presentation of the Quarterly Investment Report The meeting was adjourned prior to discussion of this item. PC-4 Presentation of the Quarterly Budget Update Due to time constraints, it was determined that this item would be discussed at a future Pre Council meeting. PC-5 Discussion of consideration to nominate a Councilmember to serve on the North Central Texas Council of Governments (NCTCOG) 2007-2008 Executive Board Budget and Administrative Services Manager Stephen Seidel provided information regarding the nomination of a Councilmember to serve on the North Central Texas Council of Governments (NCTCOG) 2007-2008 Executive Board. City Council determined that Councilmember Mike Taylor would be nominated to serve on the Executive Board. PC-6 Discussion of the Bronze Dedication Plaque for the New Fire Stations Fire Chief Mike Johnston provided information regarding the content of plaques for City buildings. City Council determined that the bronze dedication plaque for the new Fire Stations include the names of City Councilmembers who are in office at the time the facilities are open. City Council also determined that a plaque, with the names of Councilmembers in office at the time the facility was opened, should be placed at the Colleyville Senior Center. PC-7 Discussion of the May 1, 2007, City Council regular agenda items There was general discussion regarding Consent item 4d and the inclusion of a timeline for dedication of the right-of-way and Consent Item 4e regarding the removal of the playground equipment at McPherson Park. There being no further business, Mayor Kelly adjourned the meeting at 6:34 p.m. City of Colleyville Page 2 Printed on 5/18/2007 City Council City Council Minutes May 1, 2007 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 1, 2007, at 7:08 p.m. ROLL CALL: Councilmembers Tony Licata, Rich Hendler, 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, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Operations Manager Kelly Howell, Utility Superintendent Ken Tywater, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Director Chris Fuller, Economic Development Manager Scott Welmaker, Budget and Administrative Services Manager Stephen Seidel, Management Assistant Matt McCombs, 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. Councilmember George Boll 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. 551.071 -Legal -Discussion of potential litigation -Texas Propane Association v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Westmont Maintenance Association and David Bagwell v. City of Colleyville and Dean Construction 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 5/18/2007 City Council City Council Minutes May 1, 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 7:08 p.m. and reconvened at 7:34 p.m. INVOCATION: Dale Smith, Colleyville Presbyterian 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-07-2830 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly expressed appreciation to outgoing Keep Colleyville Beautiful Chairman Roger Nelson and Co-chairs John and Charna Gray. He also expressed appreciation to the citizens and staff who participated in the Clean Sweep event. Mayor Kelly presented Proclamations to Ms. Becky Prentice, Colleyville Heritage High School (CHHS) Principal and students Jaren Cole, Patrick Hagerty, Gwen Blythe, Sean O'Connor, Alex Morgan Jeremy Sandoval, CHHS Varsity Cheerleaders and Coach Laura Silva, CHHS Freshman Cheerleaders and Coach Brandi Rae, Jacqueline Anderson, Hernan Oropeza, Kathryn Vinod and Caitlin Taylor, who earned a state title during the 2006-2007 school year. Ms. Prentice stated the school community is proud of the students for their dedication to excellence and expressed appreciation for the recognition. Mayor Kelly recognized Dr. Jerry Hollingsworth, Grapevine High School Principal and students Bobby Musgrave, Ben Hicks, Mia Avramescu, Hope Beasley, Emily Smith, Emily Underwood and Jeff Beneski, who earned a state title during the 2006-2007 school year. Mayor Kelly presented a Proclamation to Tommy Ingram, Police Chief, in recognition of Police Memorial Week and Reserve Officer Dennis Harrell, who was killed in the line of duty. City of Colleyville Page 4 Printed on 5/18/2007 City Council City Council Minutes May 1, 2007 Chief Ingram expressed appreciation, on behalf of the Colleyville Police Officers, for the support of citizens and Congress, who in 1962 designated a day to honor police across the nation. Mayor Kelly presented a Proclamation to Steve Chutchian, Public Works Director, in recognition of National Public Works Week. Public Works Director Steve Chutchian introduced Jimmy Brock, Street Superintendent; Chad Bartee, City Engineer; Kelly Howell, Operations Manager; and Ken Tywater, Utility Superintendent, who provide for the efficient operation and maintenance of the City's wastewater, water and streets. Mayor Kelly presented a Proclamation to Tommy Ingram, Police Chief, and Bill Hudgins, Community Services Officer, in recognition of the development of the Colleyville Citizens' Police Academy. Chief Ingram expressed appreciation for the support of the program and the opportunity to interact with wonderful citizens and to Officer Bill Hudgins for coordinating the program. Mayor Kelly presented a plaque to Chief Ingram in appreciation of his commitment to the community, citizens and police academy. Chief Ingram expressed appreciation for the honor and stated he enjoys the Police Academy and the opportunity to make wonderful friends. Councilmember Hendler expressed appreciation to Teen Court representatives who assisted with the Clean Sweep event. Councilmember Taylor encouraged citizens to attend the Police Academy, which provides a deeper appreciation for the duties performed by the police officers. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2831 4a Approval of the minutes of the regular City Council meeting of April 17, 2007 4b Approval of Broker/Dealer firms for investment purchases 4c Approval of a $420,000line of credit with Wells Fargo Bank for equipment and furnishings for the new fire stations City of Colleyville Page 5 Printed on 5/18/2007 City Council City Council Minutes May 1, 2007 4d Approval of a request for a waiver of escrow funds for sidewalks at the Whittier Heights -Phase II Addition located adjacent to McDonwell School Road 4e Approval to declare McPherson Park playground equipment surplus property of no monetary value and authorize the City Manager to convey same to the McPherson family Mayor Kelly read Resolution R-07-2831 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor David Kelly moved to approve Resolution R-07-2831, with the amendment that Item 4d is approved subject to the applicant providing a completed dedication of the additional 10 feet of right-of-way within ninety days. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly reopened the public hearing to allow citizens to speak. Mr. Kwang Ko, 3609 Lofty Pines Lane, Flower Mound, Texas, applicant, was present to answer questions of the Council. City of Colleyville Page 6 Printed on 5/18/2007 City Council City Council Minutes May 1, 2007 There were no others present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Ordinance 0-07-1617. Mayor Pro Tem Ayers asked the City Attorney if the zoning request would be limited strictly to this business or would it follow it in the future if there would be a change in business. City Attorney Boyle stated, "the ordinance, as drafted, would not be limited in length to the tenure of the current applicant." Mayor Pro Tem Ayers made a friendly amendment to limit the Special Use Permit to the time period for which this particular business has a Certificate of Occupancy so that we are not in a situation where some future business comes in that might be less desirable and utilize the Special Use Permit. Councilmember Hart accepted the friendly amendment. Mayor Pro Tem Ayers seconded the motion. Councilmember Taylor clarified, "that sticks with the current Certificate of Occupancy and then it goes away, does it revert back to the status today?" City Attorney Boyle stated, "as proposed and as will be in the final ordinance, the Special Use Permit will expire upon the expiration, transfer or replacement of the current Certificate of Occupancy." The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1618 Approval to amend and replace the franchise contract for the collection and disposal of garbage, trash and recycling materials within the City of Colleyville Mayor Kelly read the caption of Ordinance 0-07-1618. City of Colleyville Page 7 Printed on 5/18/2007 City Council City Council Minutes May 1, 2007 Budget and Administrative Services Manager Stephen Seidel provided an overview of the proposed contract and stated an IESI Corporation representative is present to answer questions. 7 7a 8. There was no one present wishing to speak concerning this item. Mayor Kelly opened the public hearing. Mr. Bob Kneis, District Manager, IESI Corporation, expressed appreciation for the partnership with the City of Colleyville and looks forward to continuing to provide a high level of service to the citizens. There were no others present wishing to speak and Mayor Kelly closed the public hearing. RESOLUTION(S): READING AND PUBLIC HEARING R-07-2832 Consideration of appointment to the Planning and Zoning Commission Mayor Kelly read Resolution R-07-2832 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hart expressed appreciation to all of the Planning and Zoning Commission applicants and moved to approve Resolution R-07-2828, appointing Larry Knox to the Planning and Zoning Commission, Place 7, with a term expiring September 2007. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll Councilmember Licata stated Mr. Knox served on the Zoning Board of Adjustment as a faithful and diligent member. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 8 Printed on 5/18/2007 City Council City Council Minutes May 1, 2007 9. REPORTS: Senior Center Advisory Committee Minutes -March 15, 2007 Planning and Zoning Commission Minutes -April 9, 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 MAY 1, 2007 - Reading and Public Hearing -Resolution R-07-2833 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Taylor moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -George Boll Mayor Kelly adjourned the meeting at 8:14 p.m. APPROVED BY A VOTE OF _ l~ AYES, D ,NAYS AND Z~ ABSTENTIONS ON THIS THE /.~"S`~i DAY OF 2007. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 9 Printed on 5/18/2007