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HomeMy WebLinkAboutCity Council-Minutes-8/7/2007~« ~' (~~~ n~ ,:. , City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, August 7, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION CALL TO ORDER -ROLL CALL 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the grant submittal to the Regional Transportation Council for Intersection and Railroad Quiet Zone Improvements PC-2 Discussion and update of new refuse contract information work plan PC-3 Update on the Grapevine-Colleyville Youth Football Association PC-4 Discussion of the proposed Interlocal Agreement with the City of Euless for Roadway Improvements to Heritage Avenue PC-5 Discussion of the August 7, 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 pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager City of Colleyville Page 1 Printed on 8/3/2007 City Council Agenda August 7, 2007 Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney 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 CALL TO ORDER -ROLL CALL 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-07-2862 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation City of Colleyville - 2007 xSIGHTMAN Run Sponsor Award -Colleyville Lions Club 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2863 4a Approval of minutes of the regular City Council meeting of July 17, 2007 4b Approval of a construction contract with McClendon Construction, for the Church Street Realignment Project, in the amount of $815,791.35, and authorize the City Manager to execute the contract 4c Approval of an Interlocal Agreement with Tarrant County for the Bogart Drive Improvements, and authorize the City Manager to execute the agreement 4d Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2007 City of Colleyville Page 2 Printed on 8/3/2007 City Council Agenda August 7, 2007 4e Approval of a local historical marker entitled "McPherson Dairy" to be placed at McPherson Park 4f Approval of a contract for the Log Barn Preservation at McPherson Park, in an amount not to exceed $115,500, and authorize the City Manager to execute the contract 4g Approval and adoption of the 2007 certified tax roll 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-07-1627 Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.5 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 5b 0-07-1628 Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 5c 0-07-1629 Approval of replacing Ordinance 0-05-1539 for the establishment of school zones within the City of Colleyville 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-07-2864 Approval of changing the dates of regular City Council meetings in November 2007, January 2008 and March 2008 6b R-07-2865 Approval to designate city-owned vehicles eligible for Exempt and Regular license plate registrations, and authorize the City Manager or his designee, to apply for and execute, all administrative paperwork related to the registration of license plates for all city-owned vehicles 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Sign Board of Appeals Minutes -June 12, 2007 Zoning Board of Adjustments Minutes -June 12, 2007 Senior Advisory Committee Minutes -June 21, 2007 Planning and Zoning Commission Minutes -July 9, 2007 City of Colleyville Page 3 Printed on 8/3/2007 City Council Agenda August 7, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 7, 2007- Reading and Public Hearing -Resolution R-07-2866 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 3, 2007, by 5:00 .m. 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 8/3/2007 ~~~ Clt of Colle V~~~e 100 Main Street Y Y Colleyville, Texas 76034 ~ (817) 503-1000 City Council Minutes www.colleyville.com T y;~> City Council Tuesday, August 7, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly at 5:35 p.m. on August 7, 2007. Mayor Kelly announced Assistant City Manager Kelly Cooper is Acting City Manager in City Manager Bill Lindley's absence. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, 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, Management Assistant Matt McCombs, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the grant submittal to the Regional Transportation Council for Intersection and Railroad Quiet Zone Improvements Public Works Director Steve Chutchian provided information regarding the grant submittal to the Regional Transportation Council (RTC) for intersection and railroad quiet zone improvements. Mr. Chutchian further stated, should any intersection or roadway segment in the application be approved, the RTC funding will support 80% of the cost of the project and the City will be responsible for 20% of the total project expenditures. PC-2 Discussion and update of new refuse contract information work plan Budget and Administrative Services Manager Stephen Seidel provided an update of the Public Education Plan to inform and educate citizens regarding the refuse and recycling enhancements. Mr. Seidel announced two Town Hall meetings will be held on August 23, 2007 and August 30, 2007, at 6:00 p.m., on the second floor of the Colleyville Public Library, for the purpose of educating the public about the new services. City of Colleyville Page 1 Printed on 8/23/2007 City Council City Council Minutes August 7, 2007 PC-3 Update on the Grapevine-Colleyville Youth Football Association Mr. John Cheneler, Treasurer of the Colleyville Youth Football Association, provided an overview of the history of the organization, structure of the organization, financial status, marketing campaigns and registration fees and answered questions of the City Council. PC-4 Discussion of the proposed Interlocal Agreement with the City of Euless for Roadway Improvements to Heritage Avenue Public Works Director Steve Chutchian provided an update of the proposed Interlocal Agreement with the City of Euless for roadway improvements and answered questions of the City Council. PC-5 Discussion of the August 7, 2007 City Council regular agenda items There was general discussion of City Council meeting dates. There being no further business, Mayor Kelly adjourned the meeting at 6:18 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 7, 2007, at 6:19 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Director Chris Fuller, Development Coordinator Ron Ruthven, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Matt McCombs, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 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 City of Colleyville Page 2 Printed on 8/23/2007 City Council City Council Minutes August 7, 2007 Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney 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 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, Section 551.074, Personnel, 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 6:20 p.m. and reconvened at 7:31 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-07-2862 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Carol Wollin announced the Colleyville Public Library Summer Reading Program "Sail Away With Books" was very successful City of Colleyville Page 3 Printed on 8/23/2007 City Council City Council Minutes August 7, 2007 with 5,761 people attending the 68 programs and 28,105 visitors during June and July. Ms. Wollin expressed appreciation to Library Director Mary Rodne and staff for developing successful programs for residents. Councilmember Wollin announced the Colleyville Public Library sponsored a Chess Club for the second year with 80 participants and hosted the Tarrant County Library Chess Tournament with 36 participants that included the cities of Arlington, Hurst and North Richland Hills. She further stated that the Colleyville team was designated the champion and congratulated team members Kason Carroll, Tymon Dalton, Mark Elam, Erik Gill, Liam Haber, Lawrence Jones, Matthew Leslie, Nicholas Leslie, Steven McChesney, Desiree Pham, Dominique Pham, Dylan Pham, Dominic Procaccino, Daniel Puckett, Connor Scott, Chris Taub, Daniel Williams, Kevin Xu. Ms. Wollin commended Computer Services Librarian John Schanot for coordinating the successful program. Mayor Kelly announced the National Night Out event usually held the first Tuesday in August has been moved to Tuesday, October 9, 2007 and public safety officials will visit neighborhoods to answer questions and provide crime prevention information. Mayor Kelly announced the Police Department is collecting used cell phones and distributing the phones to senior citizens for use in emergency situations. Donation boxes are located in the City Hall and Justice Center lobbies. Councilmember Mike Taylor, on behalf of the Colleyville Lions Club, presented the xSIGHTman Run Award to the Colleyville City Council and staff for supporting the Lions Club fundraising programs, which include sight related charities and scholarships. Mayor Kelly expressed appreciation to the Lions Club for their charitable work. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2863 4a Approval of minutes of the regular City Council meeting of July 17, 2007 4b Approval of a construction contract with McClendon Construction, for the Church Street Realignment Project, in the amount of $815,791.35, and authorize the City Manager to execute the contract 4c Approval of an Interlocal Agreement with Tarrant County for the Bogart Drive Improvements, and authorize the City Manager to execute the agreement City of Colleyville Page 4 Printed on 8/23/2007 City Council City Council Minutes August 7, 2007 4d Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2007 4e Approval of a local historical marker entitled "McPherson Dairy" to be placed at McPherson Park 4f Approval of a contract for the Log Barn Preservation at McPherson Park, in an amount not to exceed $115,500, and authorize the City Manager to execute the contract 4g Approval and adoption of the 2007 certified tax roll Mayor Kelly read Resolution R-07-2863 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Public Works Director Steve Chutchian provided information regarding Consent Item 4b related to the timeline for the Church Street realignment project. Councilmember Taylor moved to approve Resolution R-07-2863. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-07-1627 Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.5 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 Mayor Kelly read the caption of Ordinance 0-07-1627. Cify of Colleyville Page 5 Printed on 8/23/2007 City Council City Council Minutes August 7, 2007 Community Development Director Chris Fuller provided an overview of the request for a zoning change, the proposed monument sign and donation of land and stated the Planning and Zoning Commission recommended approval of the request. Mayor Kelly opened the public hearing. Mr. John Fegan, 1303 Bellafonte Lane, and Mr. Konstantine Bakintas of Baird, Hampton and Brown Engineering and Surveying, provided an overview of the proposed development, monument sign, sidewalk construction and open space and stated land and $10,000 would be provided for a monument sign and $10,000 for sidewalk construction. Ms. Judy Rugerre, 1013 West Lavaca Trail, spoke regarding flooding related to the proposed development and current developments in the area. Mr. Dennis Johnson, 901 Montreal Avenue, spoke regarding the potential traffic congestion on McDonwell School Road related to the proposed development and requested that McDonwell School Road be widened to accommodate the proposed development and current traffic. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the wall on the east side of the proposed development, type of gate, the donation of land and funding for the construction of a monument sign, drainage plans, maintenance of the screening wall and access to the proposed development. 5b 0-07-1628 Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 Mayor Kelly read the caption of Ordinance 0-07-1628. Community Development Director Chris Fuller provided an overview of the request for an amendment to the PUDC at 7970 Precinct Line Road and stated Planning and Zoning Commission recommended approval with conditions. Mayor Kelly opened the public hearing. Mr. Bryan Chandler, 1014 Mission, Southlake, Texas, provided an overview of the site plan and answered questions of the City Council. Cify of Colleyville Page 6 Printed on 8/23/2007 City Council City Council Minutes August 7, 2007 Councilmember Taylor asked the City Attorney if the modified plan requires a Planning and Zoning Commission review. 5c 6. 6a Mayor Kelly read Resolution R-07-2864 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Attorney Matthew Boyle stated, Council does have the ability, relative to the PUD, to include stipulated and automatically added options. Between now and the next agenda, a revised ordinance will make that stipulation applicable and it is not mandated that the case be remanded to the Planning and Zoning Commission. There was general discussion regarding the timeline for initiating Plan A or B, the timeframe for the TxDOT decision regarding the curb cut and driveway and sales tax revenue from the proposed business. City Council requested a traffic count for Precinct Line Road. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 0-07-1629 Approval of replacing Ordinance 0-05-1539 for the establishment of school zones within the City of Colleyville Mayor Kelly read the caption of Ordinance 0-07-1629. Police Chief Tommy Ingram provided an overview of the proposed ordinance for the establishment of school zones. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. RESOLUTION(S): READING AND PUBLIC HEARING R-07-2864 Approval of changing the dates of regular City Council meetings in November 2007, January 2008 and March 2008 City of Colleyville Page 7 Printed on 8/23/2007 City Council City Council Minutes August 7, 2007 Councilmember Taylor moved to approve Resolution R-07-2864, striking Section 1 in its entirety and renumbering Section 2 to Section 1 and Section 3 to Section 2. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6b R-07-2865 Approval to designate city-owned vehicles eligible for Exempt and Regular license plate registrations, and authorize the City Manager or his designee, to apply for and execute, all administrative paperwork related to the registration of license plates for all city-owned vehicles Mayor Kelly read Resolution R-07-2865 in its entirety. 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 Taylor moved to approve Resolution R-07-2865. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Sign Board of Appeals Minutes -June 12, 2007 Zoning Board of Adjustments Minutes -June 12, 2007 Senior Advisory Committee Minutes -June 21, 2007 Planning and Zoning Commission Minutes -July 9, 2007 There was no action taken on this item. City of Colleyville Page 8 Printed on 8/23/2007 City Council City Council Minutes August 7, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 7, 2007- Reading and Public Hearing -Resolution R-07-2866 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hart seconded the motion. Mayor Kelly adjourned the meeting at 8:38 p.m. APPROVED BY A VOTE OF ~ AYES, NAYS AND ~ ABSTENTIONS ON THIS THE ~ DAY OF ,mac 2007. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 9 Printed on 8/23/2007