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HomeMy WebLinkAboutCity Council-Minutes-2/2/2010City Hall .~~~ City Of CO~~eyV~~~e 100 Main Street .~~, "` _~ Colleyville, Texas 76034 `~~~ ~ A~ e n d a 817. 503.1000 www.colleyville.com 'r,..~- City Council Tuesday, February 2, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Colleyville Merchandising Plan by Catalyst Commercial PC-2 Update of the entryway marker project PC-3 Update of Fiscal Year 2010 (FY 2010) Work Plan PC-4 Presentation of the Quarterly Investment Report PC-5 Discussion of the February 2, 2010, 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. 551.074 - Personnel -Deliberate the appointment, employment, duties and evaluation of the City Manager 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 1/29/2010 City Council Agenda February 2, 2010 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Blake Clevenger, Compass Christian 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-10-3194 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3195 4a Approval of the minutes of the regular City Council meeting of January 19, 2010 4b Approval of a donation of trees from David Bagwell Company 5. ORDINANCE(S), SECOND READING AND PUBLIC HEARING 5a 0-10-1742 Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code, Case GC09-020 5b 0-10-1743 Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 2A, Block 6R of the Woodbriar Estates West Addition located at 3811 Colleyville Boulevard, Suite B, Case ZC09-017 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-10-3196 Consideration of appointment to the Traffic Safety Advisory Committee 6b R-10-3197 Consideration of appointments to the Celebrate Colleyville Steering Committee City of Colleyville Page 2 Printed on 1/29/2010 City Council Agenda February 2, 2010 6c 6d 6e 6f 7. 8. Planning and Zoning Commission Minutes -January 11, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 2, 2010 -Reading and Public Hearing -Resolution R-10-3202 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 29 010, b Cynthia ingleton, TRMC, C C City Secretary R-10-3198 Consideration of appointments to the Colleyville Center Advisory Committee R-10-3199 Calling a General Election for May 8, 2010, for the purpose of electing a Mayor and Councilmembers to Place 1 and Place 2 R-10-3200 Approval of a resolution accepting the annual audit for Fiscal Year Ended September 30, 2009 R-10-3201 Approval of McPherson Park Phase II construction change order six with Dean Electric, Inc., in the amount of $46,663 CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA REPORTS: 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 3 Printed on 1/29/2010 ,,;, , ~,~ City Hall ,,~ City ~f CO~~eyV~~~e 100 Main Street ~ Colleyville, Texas 76034 City Council Minutes 817.503.1000 T~:.:.~ www.colleyville.com City Council Tuesday, February 2, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 2, 2010, at 6:01 p.m. ROLL CALL: Councilmembers 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 and Chief Financial Officer Terry Leake, Strategic Services Manager Kelly Cooper, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Communications Director Mona Gandy, Parks and Recreation Director Monica Walsh, Senior Project Engineer Jeremy Hutt, Management Assistant Christine Loven, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Carol Wollin arrived at 6:50 p.m. PC-1 Presentation of the Colleyville Merchandising Plan by Catalyst Commercial Economic Development Director Marty Wieder introduced Mr. Jason Claunch, Catalyst Commercial, and stated Mr. Claunch will present the Merchandising Plan. Mr. Claunch presented the merchandising analytics, which included consumer confidence and unemployment statistics, correlation of sales to unemployment rate, Texas shopping center sales, retail trends, existing retail and trade area population, tenant distribution and answered questions of the City Council. Discussion ensued regarding the City's retail market trade area, vacancy rate, identification of potential retailers and retail recruitment efforts and process. Cify of Colleyville Page 1 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 PC-2 PC-3 PC-4 PC-5 City Manager Jennifer Fadden stated Catalyst Commercial is committed for a 120 day period to assist with the implementation of the merchandising plan. Update of the entryway marker project Community Development Director Ron Ruthven provided an update of the entryway marker construction project including the history of the entryway marker proposed location sites and stated the successful construction bid will be presented for City Council consideration in March and the project is scheduled for completion in June. Discussion ensued regarding landscape features and proximity of signs to SH26 after the reconstruction. City Council determined Option 1 for the SH26 and Cheek Sparger Road sign location. Update of Fiscal Year 2010 (FY 2010) Work Plan There was no discussion of this item. Presentation of the Quarterly Investment Report There was no discussion of this item. Discussion of the February 2, 2010, City Council meeting regular agenda items Mayor Kelly stated additional information is being obtained regarding Agenda item 5a, Approval of amendments to Chapter 7 - Sign Regulations of the Land Development Code and City Council may want to pass over the item during the City Council meeting. Mayor Kelly stated the Pre Council meeting will be recessed at 6:53 p.m. and reconvened after Executive Session. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 2, 2010, at 6:54 p.m. City of Colleyville Page 2 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 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 and Chief Financial Officer Terry Leake, Strategic Services Manager Kelly Cooper, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Communications Director Mona Gandy, Parks and Recreation Director Monica Walsh, Senior Project Engineer Jeremy Hutt, Management Assistant Christine Loven, Information Services Manager Chris Pena, 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. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville Sec. 551.074 - Personnel -Deliberate the appointment, employment, duties and evaluation of the City Manager 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 551.74, Personnel and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:54 p.m. and the Pre Council meeting was reconvened at 7:22 p.m. Mayor Kelly reconvened the Pre Council meeting at 7:22 p.m. City of Colleyville Page 3 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 There was general discusson regarding committee appointments, possible elimination of ex-officio positions from the Colleyville Library Board and the future of the Celebrate Colleyville event. Councilmember Taylor requested that board, commission and committee member attendance records be provided to City Council on a quarterly basis. Mayor Kelly adjourned the Pre Council meeting at 7:29 p.m. Mayor Kelly reconvened the regular City Council meeting at 7:36 p.m. INVOCATION: Councilmember Mike Taylor 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-10-3194 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition There were no announcements. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3195 4a Approval of the minutes of the regular City Council meeting of January 19, 2010 4b Approval of a donation of trees from David Bagwell Company Mayor Kelly read Resolution R-10-3195 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City of Colleyville Page 4 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 Councilmember Wollin moved to approve Resolution R-10-3195. 5. 5a Mayor Kelly read the caption of Ordinance 0-10-1742. 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 moved to continue Ordinance 0-10-1742 to the February 16, 2010, City Council meeting. Councilmember Taylor 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 5b 0-10-1743 Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 2A, Block 6R of the Woodbriar Estates West Addition located at 3811 Colleyville Boulevard, Suite B, Case ZC09-017 Mayor Kelly read the caption of Ordinance 0-10-1743. Mayor Kelly opened the public hearing. Ms. Heidi Keel, 1 Devonshire, Bedford, Texas, applicant, requested approval of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hall moved to approve Ordinance 0-10-1743. Councilmember Taylor 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 ORDINANCE(S) SECOND READING AND PUBLIC HEARING 0-10-1742 Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code, Case GC09-020 City of Colleyville Page 5 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 Councilmember Hart seconded the motion. 6 6a 6b Mayor Kelly read Resolution R-10-3197 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. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor RESOLUTION(S): READING AND PUBLIC HEARING R-10-3196 Consideration of appointment to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-10-3196 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. Councilmember Hall nominated Sean Bryan to the Traffic Safety Advisory Committee. There were no other nominations. Councilmember Hall moved to approve Resolution R-10-3196 appointing Mr. Sean Bryan to the Traffic Safety Advisory Committee. 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 R-10-3197 Consideration of appointments to the Celebrate Colleyville Steering Committee City of Colleyville Page 6 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 Mayor Kelly opened the floor for nominations to the Celebrate Colleyville Steering Committee. Councilmember Wollin nominated Mrs. Jennifer Bosley, Mrs. Barb Stephens and Ms. Robin Waggoner to the Celebrate Colleyville Steering Committee. There were no other nominations. 6c R-10-3198 Councilmember Wollin moved to approve Resolution R-10-3197, appointing Mrs. Jennifer Bosley, Mrs. Barb Stephens and Ms. Robin Waggoner to the Celebrate Colleyville Steering Committee. 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 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-10-3198 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 Center Advisory Committee. Mayor Kelly nominated Mrs. Mary Smith to the Colleyville Center Advisory Committee. There were no other nominations. Mayor Kelly moved to approve Resolution R-10-3198, appointing Mrs. Mary Smith to the Colleyville Center Advisory Committee. 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 City of Colleyville Page 7 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 6d 6e R-10-3199 Calling a General Election for May 8, 2010, for the purpose of electing a Mayor and Councilmembers to Place 1 and Place 2 Mayor Kelly read Resolution R-10-3199 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-10-3199. Councilmember Hart seconded the motion. Mayor Kelly stated new legislation requires all early voting polling locations be included in the election order and the final list of polling locations will not be identified until March. This resolution will be amended to include the polling locations. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor R-10-3200 Approval of a resolution accepting the annual audit for Fiscal Year Ended September 30, 2009 Mayor Kelly read Resolution R-10-3200 in its entirety. Mr. John Manning, Patillo, Brown and Hill, L.L.P., stated the City received an unqualified audit opinion, which is the most favorable audit opinion an entity can receive and reviewed the Fiscal Year ended September 30, 2009, audit report. Mr. Manning expressed appreciation to the City Council for allowing Patillo, Brown and Hill, L.L.P. to conduct the audit and to Assistant City Manager and Chief Financial Officer Terry Leake and staff for their assistance and answered questions of the 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. City of Colleyville Page 8 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 Councilmember Taylor commended Assistant City Manager and Chief Financial Officer Terry Leake for excellent fiscal management of the City's funds and spoke of the City's strong financial foundation. Mayor Kelly expressed appreciation to Ms. Leake and staff for a brilliant job of managing the City's resources and receiving an unqualified audit opinion. Mayor Kelly moved to approve Resolution R-10-3200. 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 6f R-10-3201 Approval of McPherson Park Phase II construction change order six with Dean Electric, Inc., in the amount of $46,663 Mayor Kelly read Resolution R-10-3201 in its entirety. Parks and Recreation Director Monica Walsh provided an overview of the renovations and improvements to the Milking Barn at McPherson Park and stated the McPherson family may donate a milking machine for the exhibit and staff is exploring other opportunities for acquiring milking barn equipment. 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 Muhm spoke regarding needs within the park system and concerns of allocating funds to the Milking Barn renovation and improvements. There was general discussion regarding preserving the history of McPherson Park and the structures in the park. Mayor Pro Tem Ayers moved to approve Resolution R-10-3201. Councilmember Taylor seconded the motion. Discussion continued regarding economic development opportunities related to McPherson Park visitors. City of Colleyville -Page 9 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 Councilmember Wollin spoke regarding the heritage of the City, the update of the Park Master Plan, desires of the citizens and concerns related to the timing of the Milking Barn project. The motion carried by the following vote: Aye: 5 -David Kelly, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Nay: 2 -Carol Wollin, Michael Muhm 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 -January 11, 2010 There was no discussion of this item 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 2, 2010 -Reading and Public Hearing -Resolution R-10-3202 This resolution was not needed.. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn. 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 Mayor Kelly adjourned the meeting at 8:11 p.m. City of Colleyville Page 10 Printed on 2/17/2010 City Council City Council Minutes February 2, 2010 APPROVED BY A VOTE OF AYES, NAYS AND ~_ ABSTENTIONS ON THIS THE DAY OF 2010. Minutes ken and ed by: Cynthia ingleton, TRMC, CMC City Secretary City of Colleyville Page 11 Printed on 2/17/2010