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HomeMy WebLinkAboutCity Council-Minutes-10/7/2009''~ •n 1! City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, October 7, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Glade Road and Pool Road intersection improvements design update presentation by Baird, Hampton and Brown, Inc. PC-2 Discussion of the process for filling a position on the Zoning Board of Adjustment PC-3 Discussion of the October 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. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Park Land 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 10/2/2009 City Council Agenda October 7, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Neda Moayad, Colleyville Baha'i Community 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-09-3149 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Plaque Presentations In recognition of service on the Library Board -Kathleen Hennessey, Steve Isbell and Richard Roxburgh In recognition of service on the Historical Preservation Committee -Jim Gotcher In recognition of service on the Senior Center Advisory Committee - Michelle Appling In recognition of service on the Colleyville Economic Development Corporation -Yvonne Gilliam and James Spriggs In recognition of service on the Celebrate Colleyville Steering Committee - Michael Muhm In recognition of service on the Metroport Teen Court Advisory Committee -Yvonne Gilliam In recognition of service on the Zoning Board of Adjustment and Sign Board of Appeals -Rich Munson 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3150 4a Approval of the minutes of the regular City Council meeting of September 15, 2009 Cify of Colleyville Page 2 Printed on 10/2/2009 City Council Agenda October 7, 2009 4b Approval to redirect Park Land funds into the Park Land Dedication Fund 4c Approval to fund the Senior Center Open Space elements in the amount of $150,000.00 from Park Land Dedication funds 4d Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the City Manager to execute the agreement 4e Approval and adoption of the strategic management system and framework 4f Approval of a five-year lease agreement between the City of Colleyville and Clear Wireless LLC, for housing and operation of communications equipment at 312 McDonwell School Road, and authorizing the City Manager to execute the lease 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1732 Amending Ordinance 0-09-1727 relating to the Fiscal Year 2010 (FY 2010) General Fund budget and authorizing the City Manager to use General Fund available cash in the amount of $981,238.00 to prepay for the second of two fire apparatus being purchased for the Fire Department 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3151 Approval and adoption of the Colleyville Tomorrow Fund project list and fund allocation 6b R-09-3152 Approval and adoption of the Parks Tomorrow Fund project list and fund allocation 6c R-09-3153 Nominating candidates for the Tarrant Appraisal District Board of Directors 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 10/2/2009 City Council Agenda October 7, 2009 8. REPORTS: Planning and Zoning Commission Minutes -July 13, 2009 Parks and Recreation Advisory Board Minutes -July 13, 2009 Senior Center Advisory Committee Minutes -July 16, 2009 Parks and Recreation Advisory Board Minutes -August 3, 2009 Senior Center Advisory Committee Minutes -August 20, 2009 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 7, 2009 -Reading and Public Hearing -Resolution R-09-3154 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, Or_.tober 2, 2009, by 5:00 p.m. ~~ .- C:vnthia 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 10/2/2009 ~~: ~ City Hall ,,,r_ __~> ~r~n City of Colleyville 100 Main Street `.~~~~~ 'i3.~~-. Colleyville, Texas 76034 ~~ City Council Minutes 817.503.1000 '°'~-~ www.colleyville.com City Council Wednesday, October 7, 2009 CITY COUNCIL CHAMBERS The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 7, 2009, at 5:35 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall 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, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Project Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers and Councilmember Tom Hart were absent. PC-1 Glade Road and Pool Road intersection improvements design update presentation by Baird, Hampton and Brown, Inc. Public Works Director Steve Chutchian provided information regarding intersection improvements at Glade Road and Pool Road and introduced Mr. Konstantine Bakintas of the engineering firm of Baird, Hampton & Brown, Inc. Mr. Bakintas presented design elements of the roundabout at the Glade Road and Pool Road intersection and answered questions of the City Council. Discussion ensued regarding art sculpture, traffic count, bypass lanes, speed limit and pedestrian crossings in the roundabout. Police Chief Tommy Ingram spoke regarding citizen concerns related to roundabout pedestrian crossings. Public Works Director Steve Chutchian stated a public meeting will be held November 5, 2009, to provide a project design update to citizens City of Colleyville Page 1 Printed on 10/22/2009 City Council City Council Minutes October 7, 2009 and the project will be bid in the spring with construction to begin in May. PC-2 PC-3 1. Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Discussion of the process for filling a position on the Zoning Board of Adjustment The City Council determined the open Alternate position on the Zoning Board of Adjustment will be advertised during the regular advertising period for the December appointments. Discussion of the October 7, 2009, City Council meeting regular agenda items City Manager Jennifer Fadden provided information regarding the proposed Fiscal Year 2010 budget amendment for the purpose of purchasing an aerial fire apparatus. Interim Fire Chief Russell Shelley outlined the City's need for the 105' Aerial Fire Apparatus and answered questions of the City Council. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:44 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 7, 2009, at 6:45 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall 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, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Project Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Planning and Zoning Assistant Amy Shelley, Audio Visual Technician Lawrence Gise, City Attorney Michael Kailas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers and Councilmember Tom Hart were absent. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 10/22/2009 City Council City Council Minutes October 7, 2009 Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property -Park Land 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 6:45 p.m. and reconvened at 7:34 p.m. INVOCATION: Dr. Carla Sperandeo, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3149 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly expressed appreciation to residents, Citizens on Patrol and Police Department staff for organizing and participating in the National Night Out event. Mayor Kelly announced citizens may dispose of bulk trash and electronics during the Clean Sweep event on Saturday, October 10, 2009, at 8:30 a.m. in the south parking lot of City Hall. Mayor Kelly invited citizens to the first annual Police and Firefighters softball game, Sunday, October 18, 2009, at 4:00 p.m. at City Park, benefitting the Citizen's Police Academy and Citizen's Fire Academy. City of Colleyville Page 3 Printed on 10/22/2009 City Council City Council Minutes October 7, 2009 Mayor Kelly presented a plaque to Mr. Richard Roxburgh for service on the Library Board. Mr. Roxburgh stated it has been a pleasure to serve with an excellent Library staff led by Mary Rodne. Councilmember Wollin recognized Mr. Roxburgh for service as a volunteer in the City Manager's Office. Mayor Kelly presented a plaque to Mr. Jim Gotcher for service on the Historical Preservation Committee. Mr. Gotcher stated it has been an honor to serve the City. Mayor Kelly presented plaques to Ms. Yvonne Gilliam for service on the Colleyville Economic Development Corporation and the Metroport Teen Court Advisory Board. Ms. Gilliam stated it has been a pleasure to volunteer on the boards. Mayor Kelly presented a plaque to Councilmember Michael Muhm for service on the Celebrate Colleyville Steering Committee. Councilmember Muhm invited everyone to attend the Celebrate Colleyville festivities on Friday, December 4, 2009, at 4:00 p.m. at the Colleyville Center. Mayor Kelly presented a plaque to Mr. Richard Munson for service on the Zoning Board of Adjustment and Sign Board of Appeals. Mr. Munson expressed appreciation for the opportunity to serve the City. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3150 4a Approval of the minutes of the regular City Council meeting of September 15, 2009 4b Approval to redirect Park Land funds into the Park Land Dedication Fund 4c Approval to fund the Senior Center Open Space elements in the amount of $150,000.00 from Park Land Dedication funds 4d Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the City Manager to execute the agreement Cify of Colleyville Page 4 Printed on 10/22/2009 City Council City Council Minutes October 7, 2009 4e Approval and adoption of the strategic management system and framework 4f Approval of a five-year lease agreement between the City of Colleyville and Clear Wireless LLC, for housing and operation of communications equipment at 312 McDonwell School Road, and authorizing the City Manager to execute the lease Mayor Kelly read Resolution R-09-3150 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3150. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1732 Amending Ordinance 0-09-1727 relating to the Fiscal Year 2010 (FY 2010) General Fund budget and authorizing the City Manager to use General Fund available cash, in the amount of $981,238, to prepay for the second of two fire apparatus being purchased for the Fire Department Mayor Kelly read the caption of Ordinance 0-09-1732. City Manager Jennifer Fadden stated this item provides for the proposed amendment to the Fiscal Year 2010 budget, in the amount of $981,238.00, to prepay for a fire apparatus. The prepay purchase of the fire apparatus will provide for for the greatest cost savings in vehicle purchase discounts and minimize interest costs. Mayor Kelly opened the public hearing. City of Colleyville Page 5 Printed on 10/22/2009 City Council City Council Minutes October 7, 2009 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6 6a 6b Mayor Kelly read Resolution R-09-3152 in its entirety. City Manager Jennifer Fadden stated funds were set aside from the mineral lease bonus for the exclusive use of park enhancements, reviewed the proposed projects and stated the Parks and Recreation Advisory Board recommended approval. Interim Fire Chief Russell Shelley provided information on the condition and age of the current fire engine equipment and the need for a new aerial fire apparatus. Discussion ensued regarding the advantages of the purchasing arrangements for the fire engine. RESOLUTION(S): READING AND PUBLIC HEARING R-09-3151 Approval and adoption of the Colleyville Tomorrow Fund project list and fund allocation Mayor Kelly read Resolution R-09-3151 in its entirety. City Manager Jennifer Fadden outlined the projects proposed for purchase through the Colleyvlle Tommorrow Fund. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3151. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart R-09-3152 Approval and adoption of the Parks Tomorrow Fund project list and fund allocation City of Colleyville Page 6 Printed on 10/22/2009 City Council City Council Minutes October 7, 2009 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3152. Mayor Kelly seconded the motion. There was discussion regarding the allocation of the Tomorrow Parks Fund and the process for determining projects. City Manager Jennifer Fadden provided information regarding the criteria for determining current and future projects. Councilmember Muhm stated, "You know, we were very fortunate to get this gas lease money, a one time only event in our City's history. I just want to make sure that we are spending this as wisely as we can on projects that have a significant value to the City and the citizens, and can have a long lasting great impact. We've spent an awful lot of this money this year. We've spent over 50%, almost 60% of this money. That combined with some CEDC money and increase in the General Fund, I'd just like to make sure that we're, you know, being very cautious about what we are doing. I think that the next couple of years might present some unique challenges to us that we might want to make sure we are very, very liquid and have the capacity to meet unexpected events in the future. I just want to raise that comment because this is a one time only wind fall, if you will, for us." Councilmember Muhm further stated that he was not part of the process of determining Tomorrow Fund projects; "And, again, I just don't like to spend too much money in any one given point in time. I'm a very cautious and conservative person so that's why I just bring that out." Mayor Kelly commended the City Manager and staff for excellent fiscal management of the budget. Councilmember Taylor stated, "Mayor I agree with the Councilman, but I think also in being new, it's probably not fair to him where a lot of this stuff is hitting him, but these are also long term assets. We're not spending money on short term or what you'd call consumables, things like that. These are things the citizens have asked for, they wanted and we've had to turn them down over and over because we didn't have the money. So when you get a wind fall, yes, it's nice to say we got it, and we'll only get it once, but those events come along periodically and they help you catch up on a delayed infrastructure and I think that's the key to it. Are we just spending money or are we investing in our infrastructure City of Colleyville Page 7 Printed on 10/22/2009 City Council City Council Minutes October 7, 2009 and they are certainly meeting the needs that the citizens expect in the way of deliveries and services and amenities in their town. And so again, I would echo the Mayor's kudos to the staff. They went to a lot of work. You know, we win some, we lose some. I might have wanted something else that is not on here, but I'll just have to wait until my time comes but I'm very proud of it. I'm glad we're going to deliver this, particularly, on the Kidsville. I remember there was a great community effort on that. I cannot believe it's been 16 years. That just freaks me out, but it has served it's time and now we need to look to the next generation, the next two decades, so kudos." Councilmember Wollin spoke regarding the construction of the original Kidsville structure by volunteers and preserving the history of the play structure and park. 6c R-09-3153 Councilmember Hall stated, "Before we vote on this, Mr. Mayor, I'd like to echo Councilman Muhm's concern that we have spent a good portion of this money already. There's probably several million dollars left as I see the numbers here, and I just want to encourage us to be very careful with the remaining money, given the fact the economy is down and this represents somewhat of a surplus for us so we need to be really careful with it in the future. I'm not saying that we are not now, but we just need to make sure we are very careful with it." City Manager Jennifer Fadden spoke regarding plans for a memorial to honor those that built the original Kidsville playground. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart Nominating candidates for the Tarrant Appraisal District Board of Directors Mayor Kelly read Resolution R-09-3153 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Taylor nominated John Fegan. Cify of Colleyville Page 8 Printed on 10/22/2009 City Council City Council Minutes October 7, 2009 There were no other nominations. Councilmember Taylor moved to approve Resolution R-09-3153, nominating John Fegan to the Tarrant Appraisal District Board of Directors, contingent upon Mr. Fegan's acceptance of the nomination. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart Mayor Kelly stated John Eubanks chose not to run for service on the Tarrant Appraisal District Board and expressed appreciation to Mr. Eubanks for many years of service on the Board of Directors. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Planning and Zoning Commission Minutes -July 13, 2009 Parks and Recreation Advisory Board Minutes -July 13, 2009 Senior Center Advisory Committee Minutes -July 16, 2009 Parks and Recreation Advisory Board Minutes -August 3, 2009 Senior Center Advisory Committee Minutes -August 20, 2009 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 7, 2009 -Reading and Public Hearing -Resolution R-09-3154 There resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn. Councilmember Wollin seconded the motion. City of Colleyville Page 9 Printed on 10/22/2009 City Council City Council Minutes October 7, 2009 The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: 2 -Jon Ayers, Tom Hart Mayor Kelly adjourned the meeting at 8:20 p.m. APPROVED BY A VOTE OF ~ AYES, O NAYS AND O ABSTENTIONS ON THIS THEE DAY OF G~ 2009. Minutes to nand p Cynthia Singleton, TRMC, CM City Secretary City of Colleyville Page 10 Printed on 10/22/2009