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HomeMy WebLinkAboutCity Council-Minutes-6/15/2010City Hall ~~ ~~~ City of Colleyville 100 Main Street ,F° ;` __ _ Colleyville, Texas 76034 qty 817.503.1000 Agenda www.colleyville.com `,<,., City Council Tuesday, June 15, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of a traffic signal at Precinct Line Road and L.D. Lockett Road PC-2 Review and discussion of the City Council Rules of Procedure PC-3 Discussion of the 2010 Community Oriented Policing Services (COPS) Hiring Program PC-4 Discussion of the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III State Transportation Enhancement Funding Assistance Application submittal PC-5 Presentation of the Monthly Financial Report -May 2010 PC-6 Discussion of the June 15, 2010 City Council meeting regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Section 551.071 -Legal -Consultation with attorney regarding regulation of off-premise alcohol sales Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites City of Colleyville Page 1 Printed on 6/11/2010 City Council Agenda June 15, 2010 Section 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 Tom Pembleton, 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-10-3237 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentations Pastor Ricky Texada, Covenant Church, will donate $1,500 to Lieutenant David Swavey, Guns and Hoses Foundation, which benefits survivors of police officers killed in the line of duty -Mayor David Kelly and Police Chief Steve Dye In recognition of Michael Clardy for service on the Planning and Zoning Commission Recognition of employees' years of service Recognition of Employee Achievements 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3238 4a Approval of the minutes of the regular City Council meeting of June 1, 2010 4b Approval of the minutes of the City Council worksession of May 19, 2010 City of Colleyville Page 2 Printed on 6/11/2010 City Council Agenda June 15, 2010 4c Approval of the minutes of the City Council worksession of May 20, 2010 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1752 Approval of a request for a Special Use Permit for an auto repair shop on Lot 1, Block 1 of the Highway 26 Industrial Addition located at 6804 Colleyville Boulevard, Case ZC10-007 5b 0-10-1753 Approval of amendments to the Future Land Use map of the Colleyville Master Plan, Case GC10-003 5c 0-10-1754 Amending Ordinance 0-91-838 Section 1 regarding method of payment on returned unpaid checks and regarding actions to be taken on returned unpaid checks in the event of non-payment and deletion of Section 2 5d 0-10-1755 Revising the City of Colleyville Investment Policy by amending Ordinance 0-03-1420 to permit investment in the Certificate of Deposit Account Registry Service (CDARS) program 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1756 Approval of a request for a Special Use Permit for a private school on Lot 1A, Block 1 of the First Assembly of God Addition located at 4309 Colleyville Boulevard, Case ZC10-008 6b 0-10-1757 Adopting the annual budget for Fiscal Year 2011 (FY 2011) of the Colleyville Crime Control and Prevention District (CCCPD) 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3239 Approval of changing the regular City Council meeting dates in October and November 2010 and March 2011 7b R-10-3240 Approval of a lease purchase agreement with Wells Fargo Bank for the lease of a 95' Pierce midmount platform aerial fire apparatus, in an amount not to exceed $981,238 7c R-10-3241 Approval of a construction contract with Jagoe-Public Company for the 2010 Street Rehabilitation Improvements, in an amount not to exceed $434,294, and authorize the City Manager to execute the contract 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 6/11/2010 City Council Agenda June 15, 2010 9. REPORTS: Colleyville Center Advisory Committee -February 8, 2010 Zoning Board of Adjustment Minutes -March 9, 2010 Colleyville Trails and Sidewalks Committee Minutes -March 16, 2010 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 15, 2010 - Reading and Public Hearing -Resolution R-10-3242 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 11, 2010, by 5: .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 6/11/2010 ,~„~,r City Hall ;~~,~ ~ City of Colleyville 100 Main Street 4~ s~; Colleyville, Texas 76034 City Council Minutes 817.503.1000 ,~~ti~~ vrww.colleyville.com City Council Tuesday, June 15, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 15, 2010, at 5:31 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor 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, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, Management Assistant Christine Loven, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:00 p.m. PC-1 Discussion of a traffic signal at Precinct Line Road and L.D. Lockett Road Public Works Director Steve Chutchian provided information regarding a citizen request to install. a traffic signal at Precinct Line Road and L.D. Lockett Road to facilitate traffic flow, stated Precinct Line Road is maintained by TxDOT and the TxDOT traffic signal warrant study of the intersection supports the need for the intersection to be signalized and reviewed options for the funding, design and installation of a traffic signal in the intersection. City Council determined that a request should be made to TxDOT to place the project on the list of proposed improvements to be performed by the Fort Worth District Traffic Operations Division, with all cost to be borne by TxDOT. City of Colleyville Page 1 Printed on 7/15/2010 City Council City Council Minutes June 15, 2010 PC-2 Review and discussion of the City Council Rules of Procedure Mayor Kelly stated the City Council Rules of Procedure are reviewed by the City Council annually for possible changes. Discussion ensued regarding the process and criteria for placing items on the City Council Consent agenda. It was determined the City Council Rules of Procedure would not be changed at this time. PC-3 Discussion of the 2010 Community Oriented Policing Services (COPS) Hiring Program Police Chief Steve Dye provided an overview of the Community Oriented Policing Services (COPS) 2010 Hiring Program and stated .the Colleyville Police Department submitted a COPS Hiring Recovery Program application to secure one entry-level officer position to increase patrol staffing and enhance the department's community policing efforts. PC-4 Discussion of the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III State Transportation Enhancement Funding Assistance Application submittal Parks and Recreation Director Monica Walsh provided the history of the construction of the Cottonbelt Trail System, funding sources for the Little Bear Creek Trail Extension and Cottonbelt Trail Phase III, the Texas Department of Transportation (TxDOT) application process for funding through the State Transportation Enhancement Program (STEP) and answered questions of the City Council. Mr. Tim May, Planning and Landscape Architecture Manager, Teague, Nall and Perkins, Inc., spoke regarding TxDOT's requirement fora 14' pedestrian bridge crossing for Little Bear Creek Trail. City Council determined a resolution, for consideration of the additional funding commitment for .the Little Bear Creek Trail, should be placed on the July 6, 2010 City Council agenda. PC-5 Presentation of the Monthly Financial Report -May 2010 Finance Manager Karen Hines presented the May 2010 Monthly Financial Report and answered questions of the City Council. City of Colleyville Page 2 Printed on 7/15/2010 City Council City Council Minutes June 15, 2010 Discussion ensued regarding the cost recovery rate for the Colleyville Center, water usage and the Fiscal Year 2010 sales tax projection. Colleyville Center Manager Lin Przybyl spoke regarding the cost recovery rate for the Colleyville Center. Community Development Director Ron Ruthven spoke regarding permits for the Reserve at Colleyville development. PC-6 Discussion of the June 15, 2010 City Council meeting regular agenda items There was no discussion of the regular agenda items. Mayor Kelly adjourned the Pre Council meeting at 6:18 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 15, 2010, at 7:35 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, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, 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 Section 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v: City of Colleyville City of Colleyville Page 3 Printed on 7/15/2010 City Council City Council Minutes June 15, 2010 Section 551.071 -Legal -Consultation with attorney regarding regulation of off-premise alcohol sales Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites Section 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 6:18 p.m. and reconvened at 7:35 p.m. INVOCATION: Pastor Tom Pembleton, 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-10-3237 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin invited citizens to join the Colleyville Public Library's Summer Reading Program, Bank on Books, which was launched Saturday, June 12, 2010, with special guest Miss Daisy, a pot-bellied pig, the giant prize room and a five foot tall piggy bank. Pastor Ricky Texada of Covenant Church presented a donation of $1,500 to Lieutentant David Swavey for the Guns and Hoses Foundation, which benefits survivors of police officers killed in the line of duty. Chief Dye provided information regarding the Guns and Hoses Foundation and founder, Lieutenant Swavey. Lieutenant David Swavey expressed appreciation for the donation of $1,500 and provided the history and service area of the Guns and Hoses Foundation. City of Colleyville Page 4 Printed on 7/15/2010 City Council City Council Minutes June 15, 2010 Mayor Kelly invited the public to the Guns and Hoses Foundation charity boxing event on October 23, 2010. Mayor Kelly recognized Cindy Appleby, Librarian, for one year of service and Vicki Palmer, Technical Services Librarian, five years of service; Randy Bright, Public Works, five years of service; and Chuck Majors, Parks Superintendent, five years of service. Mayor Kelly recognized Troy Crawford, Parks Supervisor and Mike Almy, Equipment Operator for receiving the Innovation Award for Maintenance; Amy Shelley, Planning and Zoning Assistant for completing a Bachelor of Arts degree in Human Resource Management; Steve Jalovec and Jon Escamilla, Crewleaders; Norman King, James Watkins and Jeremy Martin, Equipment Operators; Robert Pinner, Utility Operator; and Ramon Ortiz, Backflow Technician for placing in the 2010 Public Works Road-e-o competition. Equipment Operator James Watkins presented a plaque to Mayor Kelly for support and recognition of employees and the Road-e-o event. Mayor Kelly invited everyone to the 2011 Road-e-o event, which is held the third Friday in May. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3238 4a Approval of the minutes of the regular City Council meeting of June 1, 2010 4b Approval of the minutes of the City Council worksession of May 19, 2010 4c Approval of the minutes of the City Council worksession of May 20, 2010 Mayor Kelly read Resolution R-10-3238 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 Wollin moved to approve Resolution R-10-3238. 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 5 Printed on 7/15/2010 City Council City Council Minutes June 15, 2010 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1752 Approval of a request for a Special Use Permit for an auto repair shop on Lot 1, Block 1 of the Highway 26 Industrial Addition located at 6804 Colleyville Boulevard, Case ZC10-007 Mayor Kelly read the caption of Ordinance 0-10-1752. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Danny LaPier, 6804 Colleyville Boulevard, applicant, was present to answer questions of the City Council. Mayor Pro Tem Ayers moved to approve Ordinance 0-10-1752. 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 5b 0-10-1753 Approval of amendments to the Future Land Use map of the Colleyville Master Plan, Case GC10-003 Mayor Kelly read the caption of Ordinance 0-10-1753. 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 Wollin moved to approve Ordinance 0-10-1753. Mayor Pro Tem Ayers 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 7/15/2010 City Council City Council Minutes June 15, 2010 5c 0-10-1754 Amending Ordinance 0-91-838 Section 1 regarding method of payment on returned unpaid checks and regarding actions to be taken on returned unpaid checks in the event of non-payment and deletion of Section 2 Mayor Kelly read the caption of Ordinance 0-10-1754. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Finance Manager Karen Hines stated the proposed ordinance includes the option of debit cards as a method of payment for returned checks and once a payment for services is made using a credit card or debit card, the payment cannot be revoked without the City's approval. City Manager Jennifer Fadden stated the City only accepts Mastercard. Mayor Kelly moved to approve Ordinance 0-10-1754. 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 5d 0-10-1755 Revising the City of Colleyville Investment Policy by amending Ordinance 0-03-1420 to permit investment in the Certificate of Deposit Account Registry Service (CDARS) program Mayor Kelly read the caption of Ordinance 0-10-1755. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the diversification and yield of the City's investments. Councilmember Hall moved to approve Ordinance 0-10-1755. Councilmember Taylor seconded the motion. City of Colleyville Page 7 Printed on 7/15/2010 City Council City Council Minutes June 15, 2010 City Manager Jennifer Fadden stated under the City's Investment Policy, the objectives, in order of importance, are safety, liquidity and yield. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-10-1756 Approval of a request for a Special Use Permit for a private school on Lot 1A, Block 1 of the First Assembly of God Addition located at 4309 Colleyville Boulevard, Case ZC10-008 Mayor Kelly read the caption of Ordinance 0-10-1756. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for a private pre-school and kindergarten located at 4309 Colleyville Boulevard and stated the Planning and Zoning Commission recommended approval and staff recommends approval. Mayor Kelly opened the public hearing. Ms. Mariana Ruiz, 4309 Colleyville Boulevard, provided information regarding the school curriculum 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. Fire Chief Russell Shelley spoke regarding the requirement for a fire evacuation plan for the school. 6b 0-10-1757 Adopting the annual budget for Fiscal Year 2011 (FY 2011) of the Colleyville Crime Control and Prevention District (CCCPD) Mayor Kelly read the caption of Ordinance 0-10-1757. Police Chief Steve Dye provided an overview of the Colleyville Crime Control and Prevention District (CCCPD) Fiscal Year 2011 budget, stated the CCCPD Board approved the budget and answered questions of the City Council. Chief Dye provided information regarding the establishment and purpose of the CCCPD budget. City of Colleyville Page 8 Printed on 7/15/2010 City Council City Council Minutes June 15, 2010 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3239 Approval of changing the regular City Council meeting dates in October and November 2010 and March 2011 Mayor Kelly read Resolution R-10-3239 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 moved to approve Resolution R-10-3239, amending the Resolution to state the Grapevine-Colleyville Independent School District spring break is March 14-18, 2010. 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 7b R-10-3240 Approval of a lease purchase agreement with Wells Fargo Bank for the lease of a 95' Pierce midmount platform aerial fire apparatus, in an amount not to exceed $981,238 Mayor Kelly read Resolution R-10-3240 in its entirety. Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding the funding and lease purchase agreement with Wells Fargo for the lease of a 95' Pierce midpoint platform aerial fire apparatus and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Fire Chief Russell Shelley provided information regarding the service and life expectancy of the apparatus. Mayor Kelly moved to approve Resolution R-10-3240. Mayor Pro Tem Ayers seconded the motion. City of Colleyville Page 9 Printed on 7/15/2010 City Council City Council Minutes June 15, 2010 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7c R-10-3241 Approval of a construction contract with Jagoe-Public Company for the 2010 Street Rehabilitation Improvements, in an amount not to exceed $434,294, and authorize the City Manager to execute the contract Mayor Kelly read Resolution R-10-3241 in its entirety. Public Works Director Steve Chutchian provided an overview of the 2010 Street Rehabilitation Improvement projects including timeline, cost and funding source and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding road access during construction, bid response and formula for establishing the contingency. Mayor Kelly moved to approve Resolution R-10-3241. 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Colleyville Center Advisory Committee -February 8, 2010 Zoning Board of Adjustment Minutes -March 9, 2010 Colleyville Trails. and Sidewalks Committee Minutes -March 16, 2010 There was no discussion of this item. City of Colleyville Page 10 Printed on 7/15/2010 City Council City Council Minutes June 15, 2010 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 15, 2010 - Reading and Public Hearing -Resolution R-10-3242 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn and 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 Mayor Kelly adjourned the meeting at 8:36 p.m. APPROVED BY A VOTE OF ~ AYES, ABSTENTIONS ON THIS THE ~ DAY OF Minutes taken and prepar by: C this ingleton, TRMC, C City Secretary C~ NAYS AND - 2010. City of Colleyville Page 11 Printed on 7/15/2010