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HomeMy WebLinkAboutCity Council-Minutes-4/6/2010-~~a~~, _ City of Colleyville 100 Main Street ,: ,'~ ~P ~ Colleyville, Texas 76034 ,'~~ Agenda 817. 503.1000 ,,,,,~,,r j www.colleyville.com City Council Tuesday, April 6, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation by Burgess & Niple for the Pleasant Run Road and John McCain Road Intersection Study PC-2 Presentation of the preliminary schematic design plan for the Colleyville Public Library Second Floor Expansion Project PC-3 Discussion regarding speed limits on major thoroughfares in Colleyville PC-4 Discussion of City Council Rules of Procedures related to Consent Agenda items PC-5 Discussion of the April 6, 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 4/1/2010 City Council Agenda April 6, 2010 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-10-3216 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS 3 Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation and plaque presentation in recognition of the Colleyville Garden Club donation of wind sculputures -Carol Wollin, President, Colleyville Garden Club Proclamation in recognition of the Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day in Colleyville -Elsie Gunter, Co-Chair, Keep Colleyville Beautiful and Monica Walsh, Parks and Recreation Director 4. CONSENT: READING AND PUBLIC. HEARING -Resolution R-10-3217 4a Approval of the minutes of the regular City Council meeting of March 23, 2010 4b Approval of a construction contract with Struhs Commercial Construction, LLP for the Colleyville Center interior upgrades project in the amount of $911,650, and authorize the City Manager to execute the contract City of Colleyville Page 2 Printed on 4/1/2010 City Council Agenda April 6, 2010 4c Approval of a change order to reduce the construction contract with Struhs Commercial Construction, LLP for the Colleyville Center interior upgrades project, in the amount of $202,480, and authorize the City Manager to execute any change orders in an amount not to exceed $780,087, and City Council approval to extend hours of construction work 4d Approval of a construction contract with CPS Civil LLC, for the Street Rehabilitation Improvement Project for Apple Valley Drive and Elm Street, in an amount not to exceed $222,381.25, and authorize the City Manager to execute the contract 4e Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing improvements of various streets, in an amount not to exceed $127,037.30, and authorize the City Manager to execute the contract 4f Consideration of appointing Councilmember Michael Taylor to the Texas Municipal League Committee on Municipal Revenue and Finance 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1745 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC10-001 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1746 Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC10-002 6b 0-10-1747 Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 3, Block 2 of the Fairway Addition located at 8300 Precinct Line Road, Suite 114, Case ZC10-004 6c 0-10-1748 Approval of an Ordiance continuing curfew hours for minors 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 4/1/2010 City Council Agenda April 6, 2010 8. REPORTS: Colleyville Parks and Recreation Advisory Board Minutes -January 4, 2010 Colleyville Parks and Recreation Advisory Board Minutes -February 1, 2010 Library Board Minutes -February 8, 2010 Colleyville Trails and Sidewalks Committee Minutes -February 9, 2010 Planning and Zoning Commission Minutes -March 8, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 6, 2010 - Reading and Public Hearing -Resolution R-10-3218 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, April 1, 2010, 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 4/1/2010 ~~.i~ ~ o~ r..a- City of Colleyville City Council Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 6, 2010 CITY COUNCIL CHAMBERS PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 6, 2010, at 5:32 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 and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Communications and Marketing Director Mona Gandy, City Engineer Jeremy Hutt, Project Inspector Steven Cherry, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Presentation by Burgess & Niple for the Pleasant Run Road and John McCain Road Intersection Study Public Works Director Steve Chutchian provided information regarding the Pleasant Run Road and John McCain Road Intersection Study and introduced Mr. David Washington and Mr. Steve Thieken of Burgess & Niple, who performed the preliminary study to evaluate roadway improvements at the intersection in terms of geometrics and enhanced traffic movement. Mr. Thieken presented the study results and design recommendations and answered questions of the City Council. Public Works Director Steve Chutchian provided information regarding costs and features of a roundabout. Discussion ensued regarding costs, roundabout design and signalization. City of Colleyville Page 1 Printed on 4/23/2010 City Council City Council Minutes April 6, 2010 Mr. Thieken provided the history of modern roundabouts and the evolution from traffic circles. PC-2 PC-3 PC-4 City Council determined staff should proceed with a public meeting in May 2010 and subsequently update the City Council regarding the citizen's desires for the intersection. Discussion continued regarding the public meeting presentation and the project timeline. Presentation of the preliminary schematic design plan for the Colleyville Public Library Second Floor Expansion Project Library Director Mary Rodne provided information regarding the levels of service and library usage statistics, community input regarding the expansion project and budget and funding sources. Mr. Bill Hidell of Hidell and Associates Architects presented the preliminary schematic design plan and estimate of construction costs for the second floor expansion project and answered questions of the City Council. Discussion ensued regarding a teen area, book return and sorting process, audio visual enhancements, lighting and activity zone capacities. Councilmember Wollin expressed appreciation to the Colleyville Public Library Foundation for their support of the Library. City Council requested a map illustrating the location of outside Colleyville library card holders and determined staff should proceed to the design development phase of the project. Mayor Kelly expressed appreciation to the Colleyville Library Board for their work and teen focus groups for their participation and input. Discussion regarding speed limits on major thoroughfares in Colleyville It was determined this item would be moved to the April 20, 2010, Pre Council meeting. Discussion of City Council Rules of Procedures related to Consent Agenda items City Manager Jennifer Fadden outlined the current City Council Rules of Procedure for placing items on the Consent agenda. City of Colleyville Page 2 Printed on 4/23/2010 City Council City Council Minutes April 6, 2010 City Council determined that the City Council Rules of Procedure would not be revised at this time. PC-5 Discussion of the April 6, 2010, City Council meeting regular agenda items Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding the funding sources for Consent agenda items 4b and 4c related to the renovation of the Colleyville Center, spoke regarding the contractor's request for extended indoor and late-night work hours to facilitate the accelerated 30-day contract schedule and answered questions of the City Council. Mayor Kelly adjourned the Pre Council meeting at 7:10 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 6, 2010, at 7:10 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 and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Communications and Marketing Director Mona Gandy, City Engineer Jeremy Hutt, Project Inspector Steven Cherry, Parks and Recreation Director Monica Walsh, 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 City of Colleyville Page 3 Printed on 4/23/2010 City Council City Council Minutes April 6, 2010 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 551.072, 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 7:11 p.m. and reconvened at 7:41 p.m. 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-10-3216 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Councilmember Wollin announced the City of Colleyville is a sponsor of Northeast Orchestra, which is having the annual Pops and Fundraiser Concert, Friday, April 9, 2010, 7:00 p.m., at the Colleyville Center. Tickets for adults are $10.00 and $5.00 for Seniors and students. Mayor Kelly invited citizens to participate in the Clean Sweep event, Saturday, April 17, 2010, 8:30 a.m. to noon, at McPherson Park, 240 McDonwell School Road. Volunteers will form teams and disperse to collect trash from parks and roadways. Residents can utilize the bulk trash drop-off collection, the Crud Cruiser, electronic recycling and Shredinator services located in the parking lot south of Colleyville City Hall from 9:00 a.m. to 11:00 a.m. Mayor Kelly presented a Proclamation to Carol Wollin, President, Suzanne Hughes, Vice President-Fundraising; Carl Trehus, Treasurer; and Susan Taylor, Vice President-Programs, Colleyville Garden Club, in recognition of a donation of three Lyman Whitaker wind sculptures, which were installed at McPherson Park. City of Colleyville Page 4 Printed on 4/23/2010 City Council City Council Minutes April 6, 2010 Ms. Wollin expressed appreciation to the City Council for recognizing the Garden Club and to Parks and Recreation Director Monica Walsh, Parks Superintendent Chuck Majors, Parks Supervisor Troy Crawford, Mike Almy and William Weaver for assistance with the installation of the wind sculptures, and provided information regarding City beautification projects and artist Lyman Whitaker and the wind sculpture creations. Ms. Suzanne Hughes, Vice President-Fundraising, Colleyville Garden Club, invited citizens to the Colleyville Garden Club 17th Promenade Garden Tour, May 2, 2010, 11:00 a.m. to 4:00 p.m. Mayor Kelly, on behalf of the City, presented a plaque, which identifies the sculptures and artist and will be placed at the sculpture site. Mayor Kelly presented a Proclamation to Ms. Icie Berkman, Ms. Ret Stansberger and Ms. Ginny Tigue in recognition of the Keep America Beautiful and Keep Colleyville Beautiful, Great American Clean-up. Ms. Icie Berkman, Chair, Keep Colleyville Beautiful, announced a competition between local schools for highest attendance at the Clean Sweep event and invited citizens to participate in the clean-up effort. Ms. Stansberger encouraged citizens to volunteer during the Clean Sweep event and return to McPherson Park at noon to enjoy lunch. Ms. Tigue Ginny spoke regarding the history of the Clean Sweep event and encouraged citizens to keep Colleyville beautiful. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3217 4a Approval of the minutes of the regular City Council meeting of March 23, 2010 4b Approval of a construction contract with Struhs Commercial Construction, LLP for the Colleyville Center interior upgrades project in the amount of $911,650, and authorize the City Manager to execute the contract 4c Approval of a change order to reduce the construction contract with Struhs Commercial Construction, LLP for the Colleyville Center interior upgrades project, in the amount of $202,480, and authorize the City Manager to execute any c ange orders in an amount not to exceed $780,087, and City Council approval to extend hours of construction work ~ City of Colleyville Page 5 Printed on 4/23/2010 City Council City Council Minutes April 6, 2010 4d Approval of a construction contract with CPS Civil LLC, for the Street Rehabilitation Improvement Project for Apple Valley Drive and Elm Street, in an amount not to exceed $222,381.25, and authorize the City Manager to execute the contract 4e Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing improvements of various streets, in an amount not to exceed $127,037.30, and authorize the City Manager to execute the contract 4f Consideration of appointing Councilmember Michael Taylor to the Texas Municipal League Committee on Municipal Revenue and Finance Mayor Kelly read Resolution R-10-3217. Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding Consent Agenda item b and c, related to the Colleyville Center renovation project and the process for adopting the original bid and reducing the construction contract via a change order to keep the project within the scope of funding. Public Works Director Steve Chutchian stated Consent agenda item 4d, related to the Street Rehabilitation Improvement Project for Apple Valley Drive and Elm Street is part of the Fiscal Year 2010 Capital Street Improvement Program and the project bid came in considerably less than the estimate and will be funded as part of the annual street program. Mr. Chutchian further stated, Consent agenda item 4e regarding the micro resurfacing improvements of various streets, is part of the annual street program. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing Mayor Kelly moved to approve Resolution R-10-3217. 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 City of Colleyville Page 6 Printed on 4/23/2010 City Council City Council Minutes April 6, 2010 5. 5a 6. 6a ORDINANCE(S): SECOND READING AND PUBLIC HEARING 0-10-1745 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1 and 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC10-001 Mayor Kelly read the caption of Ordinance 0-10-1745. Mayor Kelly opened the public hearing. Mr. Ken Baca, 105 YMCA Drive, Waxahachie, Texas, representing the applicant, spoke regarding the plans for .the property, the market for an inspection station and stated 87 letters were submitted in support of the zoning request and answered questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-10-1745. 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 ORDINANCE(S): FIRST READING AND PUBLIC HEARING 0-10-1746 Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC10-002 Mayor Kelly read the caption of Ordinance 0-10-1746. Community Development Director Ron Ruthven provided a history of the property, information regarding a previous request for a Special Use Permit that was denied by City Council, an overview of the current request and stated one letter of opposition was received and the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. Cify of Colleyville Page 7 Printed on 4/23/2010 City Council City Council Minutes April 6, 2010 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Casey Ryan, 6509 Ponderosa, applicant, answered questions of the City Council. Mr. Ryan agreed the carport posts will be brick, stone or decorative metal between 12" and 48" in width. Community Development Director Ron Ruthven stated there have been no waivers to driveway paving in the past three years but there have been waivers to the concrete masonry column requirements. 6b 0-10-1747 Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 3, Block 2 of the Fairway Addition located at 8300 Precinct Line Road, Suite 114, Case ZC10-004 Mayor Kelly read the caption of Ordinance 0-10-1747. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for a second hand goods shop and stated the proposed use complies with the future land use designations of the Colleyville Master Plan and Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. Mr. Fred Arnoldt, 6904 David Lane, representing the applicant, spoke regarding the store merchandise and presented pictures of the store. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the type of merchandise and the process for accepting merchandise. Community Development Director Ron Ruthven stated the Special Use Permit is issued to the applicant not the site. 6c 0-10-1748 Approval of an Ordinance continuing curfew hours for minors Mayor Kelly read the caption of Ordinance 0-10-1748. City of Colleyville Page 8 Printed on 4/23/2010 City Council City Council Minutes Apri16, 2010 Police Chief Steve Dye provided information regarding the requirements for the review and consideration of curfew hours for minors and stated curfew hours provides for the reduction of juvenile crime and victimization while promoting juvenile safety and well-being. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Chief Dye stated the curfew ordinance is a parental and safety tool for protecting minors and provided information regarding exceptions to the ordinance and enforcement. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Colleyville Parks and Recreation Advisory Board Minutes -January 4, 2010 Colleyville Parks and Recreation Advisory Board Minutes -February 1, 2010 Library Board Minutes -February 8, 2010 Colleyville Trails and Sidewalks Committee Minutes -February 9, 2010 Planning and Zoning Commission Minutes -March 8, 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 APRIL 6, 2010 - Reading and Public Hearing -Resolution R-10-3218 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn and Councilmember Wollin seconded the motion. City of Colleyville Page 9 Printed on 4/23/2010 City Council City Council Minutes April 6, 2010 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 8:31 p.m. APPROVED BY A VOTE OF AYES, NAYS AND d ABSTENTIONS ON THIS THE ~_ DAY OF 2010 Minutest en and pre Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 4/23/2010