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HomeMy WebLinkAboutCity Council-Minutes-5/18/2010-.~~ ,,, ~~ ~ ~, ~~ ` ~,•..,~ City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 18, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the North Tarrant Regional Special Weapons and Tactics (SWAT) Team PC-2 Presentation of the Quarterly Capital Project Update PC-3 Discussion of the development review policy for package store Special Use Permit requests PC-4 Presentation of the Monthly Financial Report -April 2010 PC-5 Presentation of .the Quarterly Investment. Report PC-6 Discussion of the May 18, 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. 551.087 - 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 5/14/2010 City Council Agenda May 18, 2010 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Covenant 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-10-3228 3. RESOLUTION: READING AND PUBLIC HEARING -Resolution R-10-3229 3a R-10-3229 Canvassing the results of the General Election held May 8, 2010, for Mayor and Councilmembers, Place 1 and Place 2 4. OATH OF OFFICE 4a Administration of the Oath of Office to the Mayor and Councilmembers, Place 1 and Place 2 5. RECEPTION FOR CITY COUNCIL 5a Reception for the Mayor and Councilmembers 6. ELECTION OF MAYOR PRO TEM 6a Election of Mayor Pro Tem 7. ANNOUNCEMENTS AND PRESENTATIONS 7a Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Tine Valencic, 2010 Texas National Geographic Bee champion -Mayor David Kelly Proclamation in recognition of Building Safety Month - Bill Elliott, Building Official, Gary Jenkins, Building Inspector, Ky Roby, Code Enforcement Officer, Sammie Bolling and Penny Carrillo, Permit Clerks City of Colleyville Page 2 Printed on 5/14/2010 City Council Agenda May 18, 2010 Proclamation in recognition of National Police Week -Police Chief Steve Dye Proclamation in recognition of Public Works Week -Steve Chutchian, Public Works Director, Ken Tywater, Utility Superintendent and James Watkins, Public Works ROAD-E-O Coordinator 8. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3230 8a Approval of the minutes of the regular City Council meeting of May 4, 2010 8b Approval of a professional services agreement with Rene Bates Auctioneers, for auction services, and authorize the City Manager to sign the agreement 8c Approval of a construction contract with Peach Tree Construction, for the Saddlebrook Subdivision Street Rehabilitation Improvements, in an amount not to exceed $633,867.58, and authorize the City Manager to execute the contract 8d Acceptance of a grant award in the amount of $53,550 from the Department of Homeland Security Assistance to Firefighters Grant Program for the purchase of exhaust removal equipment for all fire apparatus 8e Approval of a donation of $14,000 from the Colleyville Soccer Association for Pleasant Run Park signage 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-10-1751 Approval of request for Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite C, Case ZC10-006 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 11. REPORTS: Planning and Zoning Commission Minutes -April 26, 2010 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 18, 2010 - Reading and Public Hearing -Resolution R-10-3231 City of Colleyville Page 3 Printed on 5/14/2010 City Council Agenda May 18, 2010 13. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 14, 2010 by 5:00 p. Cyn is Sin eton, 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 5/14/2010 ~`~ °~ City of Colleyville ~ ~ City Council Minutes ~.:~;: City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 18, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 18, 2010, at 5:34 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, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Management Assistant .Christine Loven, Information Services Manager Chris Pena, City Attorney Michael Kailas and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the North Tarrant Regional Special Weapons and Tactics (SWAT) Team Police Chief Steve Dye presented information regarding the establishment of the North Tarrant Regional Special Weapons and Tactics (SWAT) Team, outlined the benefits of the program and answered questions of the City Council. Discussion ensued regarding the current plan for handling critical incidents, officer equipment needs, officer time commitment to the program, financial impact and the Northeast Fire Department Association equipment display event. City Council determined a resolution may be placed on a future agenda for City Council consideration of establishing the SWAT team. PC-2 Presentation of the Quarterly Capital Project Update Assistant City Manager and Chief Financial Officer Terry Leake provided an overview of the Capital Improvement Projects and answered questions of the City Council. City of Colleyville Page 1 Printed on 6/11/2010 City Council City Council Minutes May 18, 2010 It was determined the architect costs would be added to the Colleyville Center Interior Renovation Project information. PC-3 PC-4 Public Works Director Steve Chutchian provided information regarding the water tower renovation and entryway markers project and the timeline for utility line relocation on SH26. Discussion ensued regarding the order of events for the SH26 reconstruction project, cost and funding sources. Assistant City Manager and Chief Financial Officer Terry Leake stated the project updates will be provided in May, August and November. Discussion of the development review policy for package store Special Use Permit requests Community Development Director Ron Ruthven stated the May 8, 2010, Local Option election proposition to allow package (liquor) stores in the City was approved in Colleyville, outlined the development review and consideration policy for package store Special Use Permit requests, reviewed the Crime Prevention Through Environmental Design (CPTED) guidelines and answered questions of the City Council. Police Chief Steve Dye provided information regarding CPTED guidelines, which are designed to reduce opportunities for crimes to occur. Discussion ensued regarding the requirements for package store applicants related to building and sign design, landscaping and building security, the timeline of .the Texas Alcoholic Beverage Commission (TABC) and City's application process. Presentation of the Monthly Financial Report -April 2010 Finance Manager Karen Hines presented the April 2010 Monthly Financial Report and answered questions of the City Council. Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding the winter average program and water usage. City of Colleyville Page 2 Printed on tihl/2010 City Council City Council Minutes May 18, 2010 PC-5 PC-6 Presentation of the Quarterly Investment Report Assistant City Manager and Chief Financial Officer Terry Leake presented the Quarterly Investment Report, provided information regarding the LOGIC Investment Pool and the Certificate of Deposit Account Registry Service (CDARS) investment tool and answered questions of the City Council. Discussion ensued regarding the diversification of public fund investments, interest rates and elements of the CDARS program. Assistant City Manager and Chief Financial Officer Terry Leake stated the City's Investment Policy is reviewed by City Council in September. City Manager Jennifer Fadden stated the investment policy will be presented to City Council in June and a current copy will be provided to Councilmember Muhm. Discussion of the May 18, 2010, City Council meeting regular agenda items Mayor Kelly stated the election of a Mayor Pro Tem is on the regular meeting agenda and Consent agenda item 8c, related to a construction contract for street rehabilitation may be removed and considered separately. Mayor Pro Tem Ayers stated he will recuse himself from consideration of Agenda item 9a, related to a request for a Special Use Permit for off-premise beer and wine sales, due to a conflict of interest. Mayor Kelly adjourned the Pre Council meeting at 6:58 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 18, 2010, at 7:37 p.m. City of Colleyville Page 3 Printed on 6/11/2010 City Council City Council Minutes May 18, 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, 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, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Management Assistant Christine Loven, Information Services Manager Chris Pena, City Attorney Michael Kallas 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. 551.087 - 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 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 6:58 p.m. and reconvened at 7:37 p.m. INVOCATION: Pastor Ricky Texada, Covenant Church 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-10-3228 City of Colleyville Page 4 Printed on 6/11/2010 City Council City Council Minutes May 18, 2010 This resolution was not needed. 3. RESOLUTION: READING AND PUBLIC HEARING -Resolution R-10-3229 3a R-10-3229 Canvassing the results of the General Election held May 8, 2010, for Mayor and Councilmembers, Place 1 and Place 2 Mayor Kelly read Resolution R-10-3229 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Coiuncilmember Taylor moved to approve Resolution R-10-3229. 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 4. OATH OF OFFICE The Oath of Office was administered to Mayor David Kelly, Councilmember Carol Wollin and Councilmember Michael Muhm by City Secretary Cynthia Singleton. 5. RECEPTION FOR CITY COUNCIL Mayor Kelly recessed the City Council meeting at 7:43 p.m. for the reception and reconvened the meeting at 8:03 p.m. 6. ELECTION OF MAYOR PRO TEM Mayor David Kelly stated the City Council will elect a Mayor Pro Tem and opened the floor for nominations. Councilmember Muhm nominated and moved to elect Councilmember Jon Ayers as Mayor Pro Tem. Councilmember Wollin seconded the motion. City of Colleyville Page 5 Printed on 6/11/2010 City Council City Council Minutes May 18, 2010 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. ANNOUNCEMENTS AND PRESENTATIONS Mayor Kelly encouraged citizens to support Special Olympics and attend the Colleyville Old Tyme Bar-B-Que Cook-off June 4-5, 2010, at the Colleyville Center, 5301 Riverwalk Drive. Mayor Kelly announced the Kids-Q Contest is open to contestants between the ages of 8 and 14 to vie for the title of Best Kids-Q Chef and invited everyone to join the fun and benefit a great cause. Councilmember Taylor invited citizens to participate in the 13th Annual Lions Club xSightment Run, Saturday, June 5, 2010, at the Colleyville Center, 5301 Riverwalk at 7:30 a.m. and stated the event proceeds benefit various charities. Mayor Kelly invited citizens to the Law Enforcement Torch Run for the Special Olympics event Friday, May 21, 2010, at 10:00 a.m. at the Justice Center. Mayor Kelly presented a Proclamation to Tine Valencic in recognition of being the 2010 state level National Geographic Bee Champion. Mayor Kelly presented a Proclamation to Bill Elliott, Building Official, in recognition of Building Safety Month. Building Official Bill Elliott expressed appreciation to City Council for the recognition. Mayor Kelly presented a Proclamation to Steve Dye, Police Chief; Rodney Cunningham, Police Lieutenant; Tanner Mahan, Police Officer; and Bob Etheridge, Police Officer, in recognition of National Police Week and Police Memorial Day. Police Chief Steve Dye expressed appreciation for the recognition and support of the City Council and community. Mayor Kelly commended the Police Department for protecting the citizens and maintaining a low crime rate. Mayor Kelly presented a Proclamation to Steve Chutchian, Public Works Director, Ken Tywater, Utility Superintendent and James Watkins, Equipment Operator, in recognition of Public Works Week. City of Colleyville Page 6 Printed on 6/11/2010 City Council City Council Minutes May 18, 2010 Public Works Director Steve Chutchian commended staff for the efficient operation of the public works systems and invited citizens to the Annual Road-E-O, a competition between cities in the use of equipment, Friday, May 21, 2010, in North Richland Hills. Mayor Kelly commended the Public Works staff for providing excellent service and invited citizens to the Annual Road-E-O event, which recognizes the skills and expertise of the equipment operators. 8. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3230 8a Approval of the. minutes of the regular City Council meeting of May 4, 2010 8b Approval of a professional services agreement with Rene Bates Auctioneers, for auction services, and authorize the City Manager to sign the agreement 8c Approval of a construction contract with Peach Tree Construction, for the Saddlebrook Subdivision Street Rehabilitation Improvements, in an amount not to exceed $633,867.58, and authorize the City Manager to execute the contract 8d Acceptance of a grant award in the amount of $53,550 from the Department of Homeland Security Assistance to Firefighters Grant Program for the purchase of exhaust removal equipment for all fire apparatus 8e Approval of a donation of $14,000 from the Colleyville Soccer Association for Pleasant Run Park signage Mayor Kelly read Resolution R-10-3230 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 Muhm moved to remove Consent agenda item 8c from the Consent agenda and be considered separately, and approve Resolution R-10-3230. Councilmember Hall seconded the motion. City of Colleyville Page 7 Printed on 6/11/2010 City Council City Council Minutes May 18, 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 expressed appreciation to the Colleyville Soccer Association for providing funding for the Pleasant Run Park signage. 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-10-1751 Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 3 of the Heritage High School Addition located at 5100 State Highway 121, Suite C, Case ZC10-006 Mayor Kelly read the caption of Ordinance 0-10-1751. Mayor Pro Tem Ayers recused himself from consideration of this item due to a conflict of interest. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for off-premise beer and wine sales and stated the Planning and Zoning Commission recommended approval and staff recommends approval. Mayor Kelly opened the public hearing. Mr. James Bowyer, 2890 Market Loop, Southlake, Texas, applicant, provided a history of the German Deli business and plans to offer beer and wine and regarding the protest by Colleyville Heritage High School. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the distance requirements from schools. 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 11. REPORTS: Planning and Zoning Commission Minutes -April 26, 2010 City of Colleyville Page 8 Printed on 6/11/2010 City Council City Council Minutes May 18, 2010 There was no discussion of this item. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 18, 2010 - Reading and Public Hearing -Resolution R-10-3231 Mayor Kelly read Resolution R-10-3231 in its entirety. Public Works Director Steve Chutchian provided information regarding the Saddlebrook Subdivision Street Rehabilitation Improvements, the bidding process, funding source and stated staff recommends approval. 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 approve Resolution R-10-3231. Councilmember Hart seconded the motion. Discussion ensued regarding reconstruction of other streets in the area of Saddlebrook, references of Peach Tree Construction, criteria for placing an item on the Consent agenda and removing an item from the Consent agenda to consider separately. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 13. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn and 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 Mayor Kelly adjourned the meeting at 8:38 p.m. City of Colleyville Page 9 Printed on 6/11/2010 City Council City Council Minutes May 18, 2010 APPROVED BY A VOTE OF ~_ AYES, D NAYS AND ~ ABSTENTIONS ON THIS THE l st DAY OF 2010. Minutes taken and prepared b Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 6/11/2010