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HomeMy WebLinkAboutCity Council-Minutes-7/21/2009City of Colleyville ~ .. ~;c;r,~. -_ Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, July 21, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of conversion to a court of record by the municipal court PC-2 Discussion of the implementation of the Vehicle Idling Memorandum of Agreement with the Texas Commission of Environmental Quality (TCEQ) PC-3 Presentation of the Monthly Financial Report -June 2009 PC-4 Update and review of Fiscal Year 2009 (FY 2009) Work Plan PC-5 Discussion of the July 21, 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 City of Colleyville Page 1 Printed on 7/17/2009 City Council Agenda July 21, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Jay Franks, Compass 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-09-3116 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the Colleyville Police Department receiving the Special Olympics Number One Fund Raising Small Agency Award and the Flame of Hope Award -Mayor David Kelly Presentation of City of Colleyville check to Special Olympics Texas - Katie Wheeler, Development Director for Torch Run, Special Olympics Texas Proclamations - In recognition of Special Olympic Torch Bearers Colleyville Police Department Detectives Kevin Walling and Bob Etheridge -Mayor David Kelly Proclamation - In recognition of Frank Whitmire and declaring July 21, 2009, as Frank Whitmire Day in the City of Colleyville 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3117 4a Approval of the minutes of the regular City Council meeting of July 7, 2009 4b Approval of bid award for health, dental, life, and long-term disability insurance to Aetna and authorize the City Manager to execute the agreement City of Colleyville Page 2 Printed on 7/17/2009 City Council Agenda July 21, 2009 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1722 Approval of replacing Ordinance 0-07-1629 establishing school safety zones within the City of Colleyville 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1723 Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazard Regulations, of the Colleyville Code 6b 0-09-1724 Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3118 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case GC09-012 7b R-09-3119 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block 1, of the Van Oaks Addition, located at 205 Van Oaks Drive, Case GC09-013 7c R-09-3120 Consideration of appointments to the Colleyville Economic Development Corporation (CEDC) Board of Directors 7d R-09-3121 Consideration of appointments to the Audit Committee 7e R-09-3122 Consideration of appointment to the Parks and Recreation Advisory Board 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 City of Colleyville Page 3 Printed on 7/17/2009 City Council Agenda July 21, 2009 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Parks and Recreation Advisory Board Minutes -February 2, 2009 Senior Center Advisory Committee Minutes -April 16, 2009 Parks and Recreation Advisory Board Minutes -May 4, 2009 Planning and Zoning Commission Minutes -May 26, 2009 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 21, 2009 - Reading and Public Hearing -Resolution R-09-3123 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 17, 2009, by 5:00 p.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 7/17/2009 ~:, ~~. City of Colleyville City Council Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 21, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 21, 2009, at 5:32 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Court Administrator Karen Randolph, Accountant Karen Hines, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Network Administrator Paul DePingre, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ayers arrived at 6:10 p.m. PC-1 PC-2 Discussion of conversion to a court of record by the municipal court Finance Director outlined the criteria, process, benefits and expenses associated with a conversion to a court of record by the municipal court and answered questions of the City Council. Court Administrator Karen Randolph provided information regarding the digital recording equipment. Matthew Boyle provided additional information regarding the appeal process for citations. Discussion of the implementation of the Vehicle Idling Memorandum of Agreement with the Texas Commission of Environmental Quality (TCEQ) Public Works Director Steve Chutchian reviewed the implementation plan of the vehicle idling restrictions, which are included as a control strategy in the Dallas-Fort Worth 8-hour Ozone Attainment Demonstration State Implementation Plan and stated the City of Colleyville is within the designated ozone nonattainment area. City of Colleyville Page 1 Printed on 8/7/2009 City Council City Council Minutes July 21, 2009 PC-3 Presentation of the Monthly Financial Report -June 2009 Finance Director Terry Leake presented the June 2009 Monthly Financial Report and reviewed the ad valorem and sales tax revenues, residential building permits, ambulance revenues and Utility Fund expenditures. PC-4 Update and review of Fiscal Year 2009 (FY 2009) Work Plan Assistant City Manager Kelly Cooper provided an update of the Fiscal Year 2009 Work Plan and answered questions of the City Council. There was general discussion regarding an evaluation instrument for capital projects, Senior Center trails, retention of the City Council meeting videos for historical purposes and the Parks and Recreation Master Plan regarding landscaping and irrigation. City Manager Jennifer Fadden requested City Council advise of additional initiatives to be included in the Fiscal Year 2010 Work Plan. PC-5 Discussion of the July 21, 2009 City Council meeting regular agenda items Interim Community Development Director Ron Ruthven stated the applicant for the sidewalk escrow appeal for 1801 Prince Meadow is unable to attend the City Council meeting. There was general discussion of the agenda items regarding plans for sidewalks at the Timarron Addition and the Van Oaks Addition. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:28 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 21, 2009, at 6:29 p.m. City of Colleyville Page 2 Printed on 8/7/2009 City Council City Council Minutes July 21, 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, Public Works Director Steve Chutchian, Finance Director Terry Leake, Court Administrator Karen Randolph, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Communications Director 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 6:29 p.m. and reconvened at 7:31 p.m INVOCATION: Pastor Jay Franks, Compass Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 3 Printed on 8/7/2009 City Council City Council Minutes July 21, 2009 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3116 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 recognized and commended Detectives Kevin Walling and Bob Etheridge and Police Chief Tommy Ingram for organizing the Colleyville Old Tyme Barbeque Cook-Off, in support of Special Olympics and receiving the Special Olympics Number One Fund Raising Small Agency Award and the Flame of Hope Award. Detectives Walling and Etheridge led and coordinated the involvement of the Colleyville Police Department in the 2009 Special Olympics Torch Run. Detective Kevin Walling expressE~d appreciation to the City Council and citizens for their support of the Colleyville Barbeque Cook-Off and Special Olympics. Mayor Kelly encouraged citizens to attend the Barbeque Cook-Off, which is held annually the first Friday and Saturday in June. Mayor Kelly presented a Proclamation to Detective Bob Etheridge in recognition of his support and service to the Special Olympics. Detective Bob Etheridge expressed appreciation to all those who support the Special Olympics and spoke regarding the personal reward of working with the participants. Mayor Kelly presented a Proclamation to Detective Kevin Walling in recognition of outstanding service and thousands of hours of time committed to Special Olympics. Detective Walling expressed appreciation to the Hall family and friends for their support and gave special recognition to Billy Ray for working during the event. Detective Walling, on behalf of the City of Colleyville, presented a check in the amount of $16,000 to Billy Ray and Ms. Katie Wheeler, Development Director for Torch Run, Special Olympics Texas. City of Colleyville Page 4 Printed on 8/7/2009 City Council City Council Minutes July 21, 2009 Ms. Wheeler expressed appreciation to the City Council, citizens and the Police Department for the generaous support of Special Olympics. Mayor Kelly announced the City has donated a total of $65,000 to Special Olympics. Mayor Kelly recognized Mr. Frank Whitmire for over 40 years of service to the City and proclaimed July 21, 2009, as Frank Whitmire Day in the City of Colleyville. Police Chief Tommy Ingram spoke regarding Mr. Whitmire's commitment to the City and stated Mr. Whitmire exemplifies the true meaning of serving mankind. Mr. Whitemire spoke regarding the history and development of the community and expressed appreciation for the recognition. Councilmember Taylor commended Mr. Whitmire for his service to the community. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3117 4a Approval of the minutes of the regular City Council meeting of July 7, 2009 4b Approval of bid award for health, dental, life, and long-term disability insurance to Aetna and authorize the City Manager to execute the agreement Mayor Kelly read Resolution R-09-3117 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-09-3117. 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 City of Colleyville Page 5 Printed on 8/7/2009 City Council City Council Minutes July 21, 2009 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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. 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 Ordinance 0-09-1722. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1723 Approval of an Ordinance replacing Ordinance 0-00-1256, amending Chapter 50, Article II, Flood Hazaird Regulations, of the Colleyville Code Mayor Kelly read the caption of Ordinance 0-09-1723. Public Works Director Steve Chutchian provided an overview of the flood hazard regulations. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6b 0-09-1724 Approving a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's rate review mechanism filing in all cities exercising original jurisdiction Mayor Kelly read the caption of Ordinance 0-09-1724. City of Colleyville Page 6 Printed on 8/7/2009 City Council City Council Minutes July 21, 2009 Management Assistant Christine Loven provided information regarding the proposed negotiated resolution between Atmos Cities Steering Committee and Atmos Energy Corporation regarding the company's rate review mechanism filing. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3118 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block E, of the Cascades at Timarron Addition, located at 1801 Prince Meadow, Case 0009-012 Mayor Kelly made a motion to continue Resolution R-09-3118 at the August 4, 2009, City Council meeting. 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 7b R-09-3119 Consideration of an appeal regarding the denial to the sidewalk escrow refund on Lot 1, Block 1, of the Van Oaks Addition, located at 205 Van Oaks Drive, Case 0009-013 Mayor Kelly read Resolution R-09-3118 in its entirety. Interim Community Development Director Ron Ruthven stated the request is for a refund of sidewalk escrow funds, in the amount of $1,680.00, and staff recommends denial. Mayor Kelly opened the public hearing. Mr. Guy Church, 205 Van Oaks, applicant, reviewed the reasons for requesting a refund of sidewalk escrow funds. 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-09-3119. City of Colleyville Page 7 Printed on 8/7/2009 City Council City Council Minutes July 21, 2009 Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7c R-09-3120 Consideration of appointments to the Colleyville Economic Development Corporation (CEDC) Board of Directors Mayor Kelly read Resolution R-09-3120 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. Mayor Kelly opened the floor for nominations to the Colleyville Economic Development Corporation Board. Councilmember Wollin nominated Councilmembers Tom Hart and Stan Hall to serve on the Colleyville Economic Development Corporation Board. There were no other nominations. Councilmember Wollin moved to approve Resolution R-09-3120, appointing Councilmembers Tom Hart and Stan Hall to serve on the Colleyville Economic Development Corporation Board. 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 7d R-09-3121 Consideration of appointments to the Audit Committee Mayor Kelly read Resolution R-09-3121 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. Mayor Kelly opened the floor for nominations to the Audit Committee. City of Colleyville Page 8 Printed on 8/7/2009 City Council City Council Minutes July 21, 2009 Mayor Kelly nominated Councilmembers Tom Hart and Mike Taylor to the Audit Committee. There were no other nominations. Mayor Kelly moved to approve Resolution R-09-3121, appointing Councilmembers Tom Hart and Mike Taylor to the Audit Committee. 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 Councilmember Taylor requested that Agenda Item 7d, Consideration of appointments to the Audit Committee, be reopened for consideration and that his name be withdrawn due to a conflict of interest. Mayor Kelly reopened Agenda Item 7d for consideration of appointments to the Audit Committee. Councilmember Hart moved to reconsider the appointments to the Audit Committee. 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 Mayor Kelly opened the floor for nominations. Councilmember Wollin nominated Councilmember Stan Hall. Councilmember Hart seconded the motion. Councilmember Wollin moved to appoint Councilmember Hart and Councilmember Hall to the Audit Committee. 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 9 Printed on 8/7/2009 City Council City Council Minutes July 21, 2009 7e R-09-3122 Consideration of appointment to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-09-3122 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. Mayor Kelly opened the floor for nominations to the Parks and Recreation Advisory Board. Councilmember Wollin nominated Suzanne Hughes. There were no other nominations. Councilmember Wollin moved to approve Resolution R-09-3122, appointing Suzanne Hughes to the Parks and Recreation Advisory Board. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 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 This 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 This item was passed over. City of Colleyville Page 10 Printed on 8/7/2009 City Council City Council Minutes July 21, 2009 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. REPORTS: Parks and Recreation Advisory Board Minutes -February 2, 2009 Senior Center Advisory Committee Minutes -April 16, 2009 Parks and Recreation Advisory Board Minutes -May 4, 2009 Planning and Zoning Commission Minutes -May 26, 2009 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 21, 2009 - Reading and Public Hearing -Resolution R-09-3123 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. 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 Mayor Kelly adjourned the meeting at 8:18 p.m. APPROVED BY A VOTE OF AYES, NAYS AND D ABSTENTIONS ON THIS THE -~~~DAY OF 2009. Minutes to nand pre red by: ~.J Cynthia Singleton, TRMC, CMC City Secretary Cify of Colleyville Page 11 Printed on 8/7/2009