Loading...
HomeMy WebLinkAboutCity Council-Minutes-7/7/2009~~,,,~.r City of Colleyville 100 Main Street Colleyville, Texas 76034 °'~~~~;I~ A e n d a s17. 503.1000 ~,.W ,~ ~ www.colleyville.com City Council Tuesday, July 7, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the health insurance bid analysis and recommendation PC-2 Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board PC-3 Discussion of the July 7, 2009 City Council meeting 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites 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: Pastor David Jung, Crown of Life Lutheran Church City of Colleyville Page 1 Printed on 7/2/2009 City Council Agenda July 7, 2009 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-09-3110 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Parks and Recreation Month -Sissy White, Recreation Supervisor 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3111 4a Approval of the minutes of the regular City Council meeting of June 16, 2009 4b Approval of an amendment to the Interlocal Agreement with the City of Euless, for the construction of the Heritage Avenue improvements, and authorize the City Manager to execute the agreement 4c Approval of a construction contract with JDC Construction, Co., for the 2009 Sidewalk Improvements, in an amount not to exceed $49,890.60, and authorize the City Manager to execute the contract 4d Approval of the IESI TX Corporation CPI, fuel rate and supplemental rate adjustment of $0.45, establishing the effective date of the adjustment to be September 1, 2009 through August 31, 2010 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1720 Approval of a Special Use Permit for a carport on Lot 15, Block 2, Jewel Estates Addition located at 1104 Emerald Court, Case ZC09-006 5b 0-09-1721 Adopting the annual budget for Fiscal Year 2010 (FY 2010) of the Colleyville Crime Control and Prevention District (CCCPD) City of Colleyville Page 2 Printed on 7/2/2009 City Council Agenda July 7, 2009 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1722 Approval of replacing Ordinance 0-07-1629 establishing school safety zones within the City of Colleyville 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3112 Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 1, Block 1, of the Braemar Addition, located at 5008 Fry Lane, Case GC09-008 7b R-09-3113 Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 2, Block 1, of the Braemar Addition, located at 5012 Fry Lane, Case GC09-010 7c R-09-3114 Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 19, Block 2, of the Stafford Heights Addition, located at 4712 Manning, Case GC09-011 8. TABLED ITEMS: READING AND PUBLIC HEARING 8a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings 8b R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10 ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 7, 2009 - Reading and Public Hearing -Resolution R-09-3115 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, July 2, 2009, by 5:00 p.m. City of Colleyville Page 3 Printed on 7/2/2009 City Council Agenda July 7, 2009 ~~ Cynthia Singleton, City Secretary TRMC,CMC L, ~ 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 7/2/2009 ~., City Hall ~_. City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 r~~.,,w www.colleyville.com City Council Tuesday, July 7, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 7, 2009, at 7:31 p.m. Mayor Kelly introduced and welcomed Mr. Marty Weider, the City's new Economic Development Director. Y ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Faddenr Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Officer Scotty Graves, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Recreation Supervisor Sissy White, Communications Manager Mona Gandy, GIS Specialist Sunny Lindsay, Deputy Emergency Management Coordinator Andrea Renegar, Community Development Intern Sarah Coplen, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the health insurance bid analysis and recommendation Human Resources Manager Elise Welborn presented the health insurance bid analysis and recommendation and answered questions of the City Council. Mr. Christian Moreno and Mr. Rich Allen of Cooper Corporate Solutions spoke regarding the bid process and the criteria applied by insurance carriers to determine bid response. It was determined that an item would be placed on the July 21, 2009, City Council agenda for consideration of a bid award to Aetna. City of Colleyville Page 1 Printed on 7/23/2009 City Council City Council Minutes July 7, 2009 PC-2 Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board The City Council determined an item would be placed on the July 21, 2009 City Council agenda for consideration of an appointment to the Parks and Recreation Advisory Board. PC-3 Discussion of the July 7, 2009 City Council meeting regular agenda items Interim Community Development Director Ron Ruthven provided information regarding current and previous appeals related to the denial of a sidewalk escrow refund. Public Works Director Steve Chutchian provided information regarding the Glade Road and Pool Road intersection improvements and potential sidewalk construction near Town Center. Councilmember Taylor suggested funding sidewalk construction near Town Center through the Colleyville Tomorrow Fund. Management Assistant Christine Loven introduced Mr. Paul Hansen, District Manager and Mr. Norman Bulaich, Municipal Manager, IESI, who provided information regarding parameters of the City's refuse service. There was general discussion regarding the pick-up arrangements, cost of supplemental collections, information on the web site and the Colleyville Communicator and the volume of waste generated in the City. Councilman Taylor requested that the City Council receive an electronic copy of the Colleyville Communicator. Management Assistant Christine Loven provided data from the Council of Government (COG) regarding the disposal of household waste. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 7, 2009 at 6:35 p.m. ,.~. City of Colleyville Page 2 Printed on 7/23/2009 City Council City Council Minutes July 7, 2009 ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Senior Center Supervisor Renee Garrett, Recreation Supervisor Sissy White, Communications Manager Mona Gandy, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, 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 Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Mineral Rights Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites 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 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 7:30 p.m. INVOCATION: Pastor David Jung, Crown of Life Lutheran Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle z,,~ Cify of Colleyville Page 3 Printed on 7/23/2009 City Council City Council Minutes July 7, 2009 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION -RESOLUTION R-09-3110 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Mayor Kelly announced a Special Election will be held August 1, 2009, to fill an unexpired term of Councilmember, Place 2, reviewed the dates and times of Early Voting and Election Day and stated both will be conducted at City Hall. Mayor Kelly presented a Proclamation, in recognition of Parks and Recreation Month, to Recreation Supervisor Sissy White and Senior Center Supervisor Renee Garrett. Ms. White encouraged citizens to enjoy the parks and trails and invited everyone to attend the Hop 'A' Park event on Saturday, July 11, 2009, 9:30 a.m. at McPherson, Kimzey, Sparger and City Parks. Mayor Kelly stated Colleyville parks are nationally recognized and encouraged citizens to explore the park system. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3111 4a Approval of the minutes of the regular City Council meeting of June 16, 2009 4b Approval of an amendment to the Interlocal Agreement with the City of Euless, for the construction of the Heritage Avenue improvements, and authorize the City Manager to execute the agreement 4c Approval of a construction contract with JDC Construction, Co., for the 2009 Sidewalk Improvements, in an amount not to exceed $49,890.60, and authorize the City Manager to execute the contract 4d Approval of the IESI TX Corporation CPI, fuel rate and supplemental rate adjustment of $0.45, establishing the effective date of the adjustment to be September 1, 2009 through August 31, 2010 Mayor Kelly read Resolution R-09-3111 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 4 Printed on 7/23/2009 City Council City Council Minutes July 7, 2009 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-09-3111. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1720 Approval of a Special Use Permit for a carport on Lot 15, Block 2, Jewel Estates Addition located at 1104 Emerald Court, Case ZC09-006 Mayor Kelly read the caption of Ordinance 0-09-1720. Mayor Kelly opened the public hearing. Mr. Jerry David, V. Patrick Gray Custom Homes, representing Roy and Lu Thomas, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-09-1720. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5b 0-09-1721 Adopting the annual budget for Fiscal Year 2010 (FY 2010) of the Colleyville Crime Control and Prevention District (CCCPD) Mayor Kelly read the caption of Ordinance 0-09-17201. Police Chief Tommy Ingram stated the Colleyville Crime Control and Prevention District sales tax funds a portion of police operations, including the purchase of police vehicles and personnel costs and ~. ,, provided an overview of the proposed Fiscal Year 2010 expenditures. City of Colleyville Page 5 Printed on 7/23/2009 City Council City Council Minutes July 7, 2009 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 Hart moved to approve Ordinance 0-09-1721. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1722 Approval of replacing Ordinance 0-07-1629 establishing school safety zones within the City of Colleyville Mayor Kelly read the caption of Ordinance 0-09-1722. .~,, Police Chief Tommy Ingram stated the proposed amendment includes '~- accurate distance measures of school safety zones and speed limits as required by state law. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding school hours and the need for additional school crossing guards. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3112 Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 1, Block 1, of the Braemar Addition, located at 5008 Fry Lane, Case GC09-008 Mayor Kelly read Resolution R-09-3112 in its entirety. Interim Community Development Director Ron Ruthven outlined the process for requesting an appeal in response to a denial of a sidewalk ~~~ escrow refund and stated the applicant is requesting a refund of sidewalk escrow funds and staff recommends denial. City of Colleyville Page 6 Printed on 7/23/2009 City Council City Council Minutes July 7, 2009 Mayor Kelly opened the public hearing. Ms. Rhonda Berry, 5008 Fry Lane, expressed appreciation to the City Council for service and spoke in favor of the proposed resolution and regarding the minimal use of Fry Lane by the public. Ms. Faye Alldredge, 5005 Fry Lane, representing the Braemar Homeowner's Association, spoke in favor of the proposed resolution and regarding the maintenance of Fry Lane. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-09-3112. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor ~, Councilmember Taylor requested clarification regarding the ~,,,,,. recommendation of the Colleyville Trails and Sidewalks Committee. for sidewalk construction on Bills Lane and Fry Lane. 7b R-09-3113 Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 2, Block 1, of the Braemar Addition, located at 5012 Fry Lane, Case GC09-010 Mayor Kelly read Resolution R-09-3113 in its entirety. Mayor Kelly opened the public hearing. Ms. Rhonda Berry, 5008 Fry Lane, representing applicant Rick Niles, spoke in favor of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-09-3113. Councilmember Taylor seconded the motion. City of Colleyville Page 7 Printed on 7/23/2009 City Council City Council Minutes July 7, 2009 The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7c R-09-3114 Consideration of an appeal regarding the denial of a sidewalk escrow refund on Lot 19, Block 2, of the Stafford Heights Addition, located at 4712 Manning, Case GC09-011 Mayor Kelly read Resolution R-09-3114 in its entirety. Interim Community Development Director Ron Ruthven reviewed the request for a refund of sidewalk escrow funds and stated staff recommends denial. Mayor Kelly opened the public hearing. Mr. Bob Gammon, 4712 Manning Drive, requested clarification regarding the process for refunding sidewalk escrow monies and the number of refunds. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Interim Community Development Director Ron Ruthven outlined the process for determining if sidewalk escrow funds will be used for the construction of a sidewalk or be returned to the owner. Mayor Pro Tem Ayers provided clarification regarding a request from Mr. Jensen Gainer for a waiver for the construction of a sidewalk. Mayor Pro Tem Ayers moved to approve Resolution R-09-3114. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor -, City of Colleyville Page 8 Printed on 7/23/2009 City Council City Council Minutes July 7, 2009 8. TABLED ITEMS: READING AND PUBLIC HEARING 8a 0-09-1716 Approval of an Ordinance prohibiting the construction of a rail station or rail stop in the City of Colleyville; providing for lowering the rail bed to prevent traffic congestion at rail crossings Mayor Kelly asked if there is a motion to remove Ordinance 0-09-1716 from the table. There was no motion to remove Ordinance 0-09-1716 and the item was passed over. 8b R-09-3093 Approval of a Resolution rescinding Resolution R-09-3065 supporting local option taxes and fees to fund transportation including Rail North Texas Mayor Kelly asked if there is a motion to remove Resolution R-09-3093 from the table. There- was no motion to remove Resolution R-09-3093 and the item was passed over. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10 ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 7, 2009 - Reading and Public Hearing -Resolution R-09-3115 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Mayor Pro Tem Ayers moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: . r~ Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 9 Printed on 7/23/2009 City Council City Council Minutes July 7, 2009 APPROVED BY A VOTE OF CP AYES, d NAYS AND ~ ABSTENTIONS ON THIS THE o2~DAY OF 2009. Minutes to and pr d by: Cynthia Singleton, TRMC, C C City Secretary City of Colleyville Page 10 Printed on 7/23/2009