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HomeMy WebLinkAboutCity Council-Minutes-8/18/2009,~, ~" City of Colleyville 100 Mlain Street ~° Colleyville, Texas 76034 ~( ~~~ ~~~,~ '~ Agenda 817. 503.1000 www.colleyville.com City Council Tuesday, August 18, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Proposed Implementation Plan for the Portal ID and Wayfinding Study PC-2 Presentation by Halff Associates, Inc. on the Comprehensive Parks and Recreation Open Space Master Plan PC-3 Discussion to review the final recommendations of the Tree Preservation Study PC-4 Presentation of the Monthly Financial Report -July 2009 PC-5 Presentation of the Quarterly Investment Report PC-6 Update of the Proposed Fiscal Year 2010 General Fund Budget PC-7 Discussion of the August 18, 2009 City Council meeting regular agenda items PC-8 City Council Portrait Sitting 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 City of Colleyville Page 1 Printed on 8/13/2009 City Council Agenda August 18, 2009 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 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-09-3129 3. OATH OF OFFICE Administration of the Oath of Office to Councilmember, Place 2 4. RECEPTION FOR CITY COUNCIL 5. ANNOUNCEMENTS AND PRESENTATIONS 5a Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of Meritorious Conduct Medal to Police Officer Todd Hildebrandt -Mayor David Kelly and Police Chief Tommy Ingram 6. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3130 6a Approval of the minutes of the regular City Council meeting of August 4, 2009 6b Approval of a contract for design services with Halff Associates, Inc. for the Parks and Recreation Open Space Master Plan, in an amount not to exceed $91,500.00, and authorize the City Manager to execute the same and any associated change orders, in an amount not to exceed $25,000.00 City of Colleyville Page 2 Printed on 8/13/2009 City Council Agenda August 18, 2009 6c Approval to sell real property owned by the City of Colleyville located on Lot 4, Block 2, Fair Way Addition to Rodica Alecu, in the amount of $27,777.00. 6d Approval to sell real property owned by the City of Colleyville located on Lot 3, Block 1, Sneed Addition to Rodica Alecu, in the amount of $87,777.00. 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a 0-09-1725 Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 8. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 8a 0-09-1726 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a 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 9b R-09-3131 Consideration of an appeal regarding the denial to the sidewalk escrow refund for the Spring Garden Homeowners Association, located in the 2400 block of Cheek Sparger Road, Case GC09-009 9c R-09-3132 Approval of a resolution regarding the construction of a rail station within the City limits of Colleyville 10. TABLED ITEMS: 10a 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 City of Colleyville Page 3 Printed on 8/13/2009 City Council Agenda August 18, 2009 10b 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 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 12. REPORTS: Senior Center Advisory Committee Minutes -May 21, 2009 Parks and Recreation Advisory Board Minutes -July 13, 2009 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 18, 2009 -Reading and Public Hearing -Resolution R-09-3133 14. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 14, 2 9, by 5: . 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 8/13/2009 ~; - ~: ~~~` ,.:.,. City of Colleyville City Council Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vvww. co 1 1 eyv i l l e. co m Tuesday, August 18, 2009 CITY COUNCIL CHAMBERS PC-1 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 18, 2009, at 5:35 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall and Tom Hart were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Police Lieutenant Doug Cooper, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Economic Development Director Marty Weider, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Communications and Marketing Director Mona Gandy, Parks and Recreation Director. Monica Walsh, 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. Mayor Pro Tem Jon Ayers arrived at 6:00 p.m. and Councilmember Mike Taylor arrived at 5:45 p.m. Discussion of the Proposed Implementation Plan for the Portal ID and Wayfinding Study Interim Community Development Director Ron Ruthven presented the proposed implementation plan of the Portal ID and Wayfinding Study including a revised project cost, proposed sign construction locations and time lines and answered questions of the City Council. Mr. Ruthven further stated that staff proposes to hire an engineering and landscape architecture firm to perform the final design specifications with construction to begin in Fiscal Year 2010. There was general discussion regarding the possible placement of a sign at Foreman's General Store and the landscaping design. City Council determined that staff should proceed with the implementation plan for the sign construction and placement. City of Colleyville Page 1 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 PC-2 Presentation by Halff Associates, Inc. on the Comprehensive Parks and Recreation Open Space Master Plan Parks and Recreation Director Monica Walsh introduced Mr. Francois DeKock and Mr. Lenny Hughes of Halff Associates, Inc., to provide an update on the Parks and Recreation Open Space Master Plan. Mr. DeKock provided information regarding the history and credentials of Halff and Associates, Inc., an overview of the phasing plan for updating the Comprehensive Parks, Recreation and Open Space Master Plan and developing a Vision Statement and parks system goals and objectives. PC-3 Discussion to review the final recommendations of the Tree Preservation Study Interim Community Development Director Ron Ruthven provided an overview of the proposed recommendations by Burditt Consultants, LLC, to Chapter 5 -Tree Preservation in the Land Development Code and the proposed ordinance. There was general discussion regarding the recommendations and mitigation fees. Interim Community Development Director Ron Ruthven recommended the addition of a tree permit fee for new construction. City Council requested information regarding a comparison of the City of Colleyville tree preservation ordinance with peer cities. City Council determined the proposed ordinance be placed on a City Council agenda for consideration. PC-4 Presentation of the Monthly Financial Report -July 2009 Finance Director Terry Leake presented the July Monthly Financial Report and reported the Parks and Recreation Department revenues exceeded budget revenue for the year and answered questions of the City Council. Ms. Leake stated, as a result of the success of recreation programs, payments for instructors will exceed the budget and a budget amendment will be proposed for City Council consideration. City of Colleyville Page 2 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 PC-5 PC-6 PC-7 PC-8 Police Chief Tommy Ingram provided information regarding funding for the Dare Officer in the Grapevine-Colleyville Independent School District. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented the Quarterly Investment Report and answered questions of the City Council. Update of the Proposed Fiscal Year 2010 (FY 2010) General Fund Budget City Manager Jennifer Fadden provided an update of the proposed FY 2010 General Fund Budget as a result of the City Council budget worksession held on Augst 5, 2009, and further developments that affect the proposed budget. Ms. Fadden reported the proposed Fiscal Year 2010 budget will include funding for an executive search firm to replace Police Chief Tommy Ingram, a reduction in franchise fees from Oncor, the establishment of a separate City Council budget and market studies for the Police Chief and Network Administrator positions, and stated, as a result of the revisions, the net increase to fund balance is projected to be $161.00. Discussion of the August 18, 2009 City Council meeting regular agenda items Mayor Kelly stated no action will be necessary for agenda items 10a and 10b, related to the rail petitions, as the petition was decertified and the items may be removed from the agenda. Interim Community Development Director Ron Ruthven distributed additional information regarding agenda item 7a related to the Covenant Christian Academy's request for a zoning change and stated the correct perimeter street fee is $140,437.69, and staff recommends the sidewalk width be increased to five feet, the developer provide a more comprehensive traffic impact analysis and a portion of the gravel shoulder of Cheek Sparger Road be replaced with a paved shoulder. Police Chief Tommy provided information regarding parking and traffic concerns related to Covenant Christian Academy events. Mayor Kelly recessed the Pre Council meeting at 6:55 p.m. for the City Council portrait sitting. City Council Portrait Sitting Cify of Colleyville Page 3 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:52 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 18, 2009, at 6:53 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, 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, Police Lieutenant Doug Cooper, Interim Fire Chief Russell Shelley, Fire Marshal Robert McKeown, Public Works Director Steve Chutchian, Finance Director Terry Leake, Economic Development Director Marty Weider, Interim Community Development Director Ron Ruthven, Library Director Mary Rodne, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Information Services Technician Steve Thompson, 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. 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 6:53 p.m. and reconvened at 7:35 p.m. Cify of Colleyville Page 4 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 INVOCATION: Pastor 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-09-3129 This resolution was not needed. 3 OATH OF OFFICE City Secretary Cynthia Singleton administered the Oath of Office to Councilmember Michael Muhm. 4. RECEPTION FOR CITY COUNCIL Mayor Kelly invited everyone to enjoy the City Council reception and recessed the meeting at 7:38 p.m. and reconvened at 7:50 p.m. 5. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin reported the Colleyville Library finale was enjoyed by 1,300 attendees and the Summer Reading program included 1,400 participants. Councilmember Wollin commended staff for coordinating the finale and reading program. Mayor Kelly congratulated and welcomed Councilmember Michael Muhm, Place 2. Police Chief Tommy Ingram related the events of a major car accident and how the actions of Officer Todd Hildebrandt saved the life of a gentleman in the vehicle. Mayor Kelly presented the Meritorious Conduct Medal to Officer Todd Hildebrandt for extraordinary acts to save a life. Mayor Kelly expressed appreciation to police officers for risking their lives for the citizens' well being and safety. City of Colleyville Page 5 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 6. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3130 6a Approval of the minutes of the regular City Council meeting of August 4, 2009 6b Approval of a contract for design services with Halff Associates, Inc. for the Parks and Recreation Open Space Master Plan, in an amount not to exceed $91,500.00, and authorize the City Manager to execute the same and any associated change orders, in an amount not to exceed $25,000.00 6c Approval to sell real property owned by the City of Colleyville located on Lot 4, Block 2, Fair Way Addition to Rodica Alecu, in the amount of $27,777.00. 6d Approval to sell real property owned by the City of Colleyville located on Lot 3, Block 1, Sneed Addition to Rodica Alecu, in the amount of $87,777.00. Mayor Kelly read Resolution R-09-3130 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-09-3130 Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a 0-09-1725 Approval of a request for a zoning change from PUDC-Planned Unit Development Commercial and R40-Single Family Residential to PUDC-Planned Unit Development Commercial on Lots 1, 2, 3 and 4, Block 3, Southgate Addition and Lots 1 and 2, Colleyville Presbyterian Church Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case ZC09-004 City of Colleyville Page 6 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 Mayor Kelly recused himself from consideration of this item due to a conflict of interest and stated Mayor Pro Tem Ayers would preside during consideration of this agenda item. Mayor Pro Tem Ayers read the caption of Ordinance 0-09-1725. Interim Community Development Director Ron Ruthven stated the perimeter street fee listed in the briefing is incorrect and should read $140,437.69 and the proposed ordinance includes the following amendments: the perimeter street fee shall be paid in lieu of improvements to Wayne Drive and is required due to the new development; a portion of the unpaved shoulder of Cheek Sparger Road shall be paved with an all-weather surface; a traffic impact analysis that addresses the impact of the proposed development to Wayne Drive, specifically to the traffic flow into and out of Bedford must be provided; new sidewalks constructed along Wayne Drive must be five feet in width, and the maximum number of spectator bleachers is changed from 200 to 400. Mayor Pro Tem Ayers opened the public hearing. Mr. Danny Haiger, 929 Harwood Terrace, Bedford, Texas, spoke in opposition to the proposed ordinance and requested a meeting with City staff and school representatives regarding the traffic flow and drop off area around the academy. Mr. Aaron Holderness, 933 Harwood Terrace, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding traffic flow from Covenant Christian Academy and Bedford Heights Elementary, the volume and speed of traffic, drainage issues and requested a traffic impact analysis. Mr. Art Pengally, 901 Brazos, Southlake, Texas, applicant, distributed and reviewed a traffic impact study and requested the bleachers currently scheduled for installation in Phase 3 be installed during Phase 1, the fire lane include a removable obstruction, such as bollards, to prevent traffic in the fire lane, an increase in student enrollment from 600 to 750 and answered questions of the City Council. Ms. Shelley Zak, 3821 Fox Hollow, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding athletic field lighting and requested that a traffic impact study include a broader area around the school. City of Colleyville Page 7 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 Mr. Michael Piske, 920 Bristol Court West, Bedford, Texas, spoke in opposition to the proposed ordinance and spoke regarding the speed limit, safety of children, drainage issues and requested a traffic impact study, which includes the Bedford Heights area. Ms. Kim Wells, 3633 Wayne Court, Bedford, Texas and Ms. Laura Cox, 3608 Spring Valley, Bedford, Texas, did not wish to speak but wanted the record to reflect their opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Mayor Pro Tem Ayers reopened the public hearing. Mr. Gary Lecocq, 5113 Roberts Road, spoke in opposition to the proposed ordinance and suggested Covenant Christian Academy representatives and neighbors meet to try to resolve their differences. There were no others present wishing to speak and Mayor Pro Tem Ayers closed the public hearing. There was general discussion regarding the assessment and threshold of a traffic impact study, student enrollment, school parking capacity, impact fee calculation and restricted fire lane access. Mr. Michael Wright, M.J. Wright Architects, 8233 Mid Cities Boulevard, North Richland Hills, Texas, representing the applicant, spoke regarding parking capacity and requirements. Interim Fire Chief Russell Shelley stated the Fire Department is opposed to any obstruction in the fire lanes. Mr. Art Pengally stated that information is provided to Covenant Christian Academy children and parents regarding the designated traffic flow around the school. There was general discussion regarding the need of further study and review of the proposed ordinance. Councilmember Wollin moved to continue Ordinance 0-09-1725 and the public hearing to September 1, 2009, City Council meeting. Councilmember Muhm seconded the motion. City of Colleyville Page 8 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 The motion carried by the following vote: Aye: 6 -Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Abstain: 1 -David Kelly 8. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 8a 0-09-1726 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Kelly read the caption of Ordinance 0-09-1726. Parks and Recreation Director Monica Walsh provided an overview of the user fees and policies for City parks and the proposed fees for Reagan Park. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a 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 Mayor Kelly read Resolution R-09-3118 in its entirety. Interim Community Development Director Ron Ruthven provided information regarding the request for a refund of sidewalk escrow funds and stated staff recommends denial based upon the recommendations of the Supplemental Sidewalk System Map, and if City Council denies the refund, the escrow will be available for any future sidewalks or trails located within District Neighborhood Number 6. Mayor Kelly opened the public hearing. Mr. Eric Schultz, 1801 Prince Meadow Drive, requested a full refund of the sidewalk escrow fees. City of Colleyville Page 9 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the cost and need of a sidewalk in the area of 1801 Prince Meadow Drive and the recommendation for a sidewalk related to the Supplemental Sidewalk Map. Mayor Kelly requested staff plan for sidewalk construction in the area of 1801 Prince Meadow Drive in Fiscal Year 2010. Mayor Kelly moved to deny Resolution R-09-3118. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 9b R-09-3131 Consideration of an appeal regarding the denial to the sidewalk escrow refund for the Spring Garden Homeowners Association, located in the 2400 block of Cheek Sparger Road, Case GC09-009 Mayor Kelly read Resolution R-09-3131 in its entirety. Interim Community Development Director Ron Ruthven stated fthe escrow funds would benefit District Neighborhood Number 1. Mayor Kelly opened the public hearing. Mr. Henry Del Castillo, 3980 Witten Drive, President, Colleyville Spring Garden Townhomes Residential Association, Inc., spoke regarding the requirements of the Land Development Code related to the construction of sidewalks and escrow agreements and regarding pedestrian safety at Central Drive and Cheek Sparger Road and requested a refund of escrow funds for the purpose of constructing sidewalks along the perimeter of Cheek Sparger Road and Jackson Road and to purchase and install a barrier, which will prevent property damage. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly clarified that the Colleyville Spring Garden Townhomes Residential Association, Inc., requests the refund of escrow funds for the purpose of installing a barrier at the corner of Jackson Road and Cheek Sparger Road, to prevent property damage, and constructing a sidewalk along Cheek Sparger Road. City of Colleyville Page 10 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 There was general discussion of scheduling sidewalk construction along Cheek Sparger Road along with the Jackson Road and Cheek Sparger Road intersection improvements and the type of barrier for preventing property damage. City Manager Jennifer Fadden stated that a transfer of funds from this escrow account to the Capital Project Fund could be made, which will then provide for the intersection improvement. City Manager Fadden stated the sidewalk escrow funds, in the amount of $10,000 will be appropriated to the Jackson Road and Cheek Sparger Road intersection improvement project and the sidewalk location will be determined at the time of the intersection design. Mayor Kelly moved to deny Resolution R-09-3131, with the understanding that $10,414 will be applied to the intersection improvements and sidewalk construction, that best fit the area, in Fiscal Year 2011. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 9c R-09-3132 Approval of a resolution regarding the construction of a rail station within the City limits of Colleyville Mayor Kelly read Resolution R-09-3132 in its entirety. City Manager Jennifer Fadden stated this item was placed on the agenda at the request of City Council. 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-09-3132. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 11 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 10. TABLED ITEMS: 10a 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 stated, based on the decertification of the petition, it is regeusted that item 10a be removed from the next agenda. 10b 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 stated, based on the decertification of the petition, it is requested item 10b be removed from the next agenda. 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Gary Lecocq, 5113 Roberts Road, spoke regarding the City's website design, citizen attendance and participation at City Council meetings, the proposed Fiscal Year 2010 budget and property values. 12. REPORTS: Senior Center Advisory Committee Minutes -May 21, 2009 Parks and Recreation Advisory Board Minutes -July 13, 2009 There was no discussion of this item. 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 18, 2009 -Reading and Public Hearing -Resolution R-09-3133 This resolution was not needed. 14. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn. Councilmember Hart seconded the motion. City of Colleyville Page 12 Printed on 9/2/2009 City Council City Council Minutes August 18, 2009 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 9:38 p.m. APPROVED BY A VOTE OF ~ AYES, NAYS AND ~ ABSTENTIONS ON THIS THE /S'f' DAY OF 2009. Minutes ken an red by: ynthia Singleton, TRMC, MC City Secretary City of Colleyville Page 13 Printed on 9/2/2009