The URL can be used to link to this page

Home My WebLink AboutCity Council-Minutes-3/24/2011~I1' r~i ITI ~.~ ~ t~ ~,:.., City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 1, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Quarterly Performance Management Report PC-2 Discussion of Illegal Smoking Products and Ingestion Devices PC-3 Discussion of a City Council worksession regarding Commercial Development Standards PC-4 Discussion of the March 1, 2011 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 - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities City of Colleyville Page 1 Printed on 2/25/2011 City Council Agenda March 1, 2011 Section 551.074 - Personnel - Deliberate the appointment, employment, duties and evaluation of the city manager 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 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-11-3333 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of a donation to the Colleyville Public Library for the Colleyville Second Floor Expansion Project, in the amount of $72,450, by the Colleyville Public Library Foundation - Cecilia Monacelli, President Proclamation declaring March for Meals Awareness Month in Colleyville - Julie Donovan, Coordinator of Volunteer Recruitment, Meals on Wheels, Inc., Tarrant County Recognition of employees' years of service Recognition of employee achievements 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3334 4a Approval of the minutes of the regular City Council meeting of February 15, 2011 4b Approval of the disposal of obsolete and non-serviceable equipment and vehicles City of Colleyville Page 2 Printed on 2/25/2011 City Council Agenda March 1, 2011 4c Approval of a donation of a golf cart from Golf Cars of Dallas to the Colleyville Police Department 4d Approval of a donation of $1,840 from the Colleyville Lions Club to the Colleyville Public Library 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-11-1792 Approval of amendments to Article II, Section 70 of the Code of Ordinances regarding Home Solicitations and Street Vendors 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3335 Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Tract 3C1, Abstract 963 of the A.J. Lott Survey, located at 6607 Colleyville Boulevard, Case GC11-001 6b R-11-3336 Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Lot 1, Block 1 of the Tuscany Addition, located at 5850 Colleyville Boulevard, Case GC 11-002 6c R-11-3337 Consideration of appointment of an ex-officio member to the Colleyville Library Board 6d R-11-3338 Approval of changing the dates of the regular City Council meetings in October and December 2011 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Library Board Minutes - December 13, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 1, 2011 - Reading and Public Hearing - Resolution R-11-3339 10. ADJOURNMENT: City of Colleyville Page 3 Printed on 2/25/2011 City Council Agenda March 1, 2011 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 25, 2011, by 5~ • ~ ~ 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 2/25/2011 ~~~=,. tti~ ~ ~ .r `"' City of Colleyville Minutes Clt)/ COUt1Cll City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 1, 2011 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on March 1, 2011, at 5:31 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall and Tom Hart 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, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, City Engineer Jeremy Hutt, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Strategic Services Manager Eric Ellwanger, Parks Superintendent Chuck Majors, Recreation Supervisor Sissy White, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Mike Taylor arrived at 5:51 p.m. PC-1 Mayor Pro Tem Jon Ayers arrived at 6:16 p.m. Presentation of the Quarterly Performance Management Report Strategic Services Manager Eric Ellwanger presented the Quarterly Performance Management Report and answered questions of the City Council. Economic Development Director Marty Wieder provided information regarding the number of commercial building permits. Police Chief Steve Dye provided information regarding police response time. Parks Superintendent Chuck Majors spoke regarding the number of residents utilizing the youth recreation programs. Discussion ensued regarding the economic development impact of residents and non-residents participating in the City's youth sports associations, determining visitor interests through web site data and the City of Colleyville Page 1 Printed on 3/24/2011 City Council Minutes March 1, 2011 value of a survey, to identify the shopping preferences of those visiting the City to participate in youth sports programs. Information Services Manager Chris Pena provided information regarding web site visitor data and options for accessing the City Council packet electronically. It was determined the Quarterly Performance Management Report would continue to be presented in the same format. PC-2 Discussion of Illegal Smoking Products and Ingestion Devices Police Chief Steve Dye presented information regarding illegal smoking products and ingestion devices, current and potential federal and state legislation to ban K-2 and answered questions of City Council. Discussion ensued regarding widespread use of and difficulty in identifying the K-2 drug. It was determined that the City would wait for legislation at the state and federal level to address the use of K-2 drugs. PC-3 Discussion of a City Council worksession regarding Commercial Development Standards City Council determined a joint worksession with City Council, Planning and Zoning Commission and the Architectural Review Commission would be held April 6, 2011, at 6:00 p.m. at the Central Fire Station for the purpose of discussing commercial development standards. City Council requested a format conducive to participation, examples of design scores and other city benchmarks and illustrations. PC-4 Discussion of the March 1, 2011 City Council meeting regular agenda items There was no discussion of regular agenda items. Mayor Kelly adjourned the Pre Council meeting at 6:33 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on March 1, 2011, at 6:33 p.m. City of Colleyville Page 2 Printed on 3/24/2011 City Council Minutes March 1, 2011 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, Community Development Director Ron Ruthven, Library Director Mary Rodne, Finance Manager Karen Hines, Human Resources Manager Elise Welborn, Economic Development Director Marty Wieder, 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 Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, duties and evaluation of the city manager 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 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, Real Estate, Section 551.074 Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken City of Colleyville Page 3 Printed on 3/24/2011 City Council Minutes March 1, 2011 during this time. The meeting was recessed at 6:34 p.m. and reconvened at 7:41 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-11-3333 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Mike Taylor commended Mayor Pro Tem Jon Ayers and Information Systems Manager Chris Pena for dancing competitively and with style to raise an astounding amount of money for the Grapevine-Colleyville Education Foundation. Ms. Cecelia Monacelli, President, Colleyville Public Library Foundation and Ms. Pat Jones, presented a donation of $72,450 for the expansion of the library and spoke regarding the organization's support of library programs and projects and the expansion and renovation of the Colleyville Public Library. Ms. Monacelli expressed appreciation to the citizens for donations exceeding a half million dollars and to the City Council and City Manager Jennifer Fadden for the vision and support for the library, which is a meeting place for citizens of all ages. Library Director Mary Rodne expressed appreciation to the Colleyville Public Library Foundation for the extraordinary financial support of the library. Ms. Rodne further stated the library expansion project will be finished April 2011. Mayor Kelly expressed gratitude to the Colleyville Public Library Foundation for the generous donations and partnership in this endeavor and invited everyone to attend the ribbon cutting scheduled for May 2011. City of Colleyville Page 4 Printed on 3/24/2011 City Council Minutes March 1, 2011 Mayor Kelly presented a Proclamation, in recognition of Meals Awareness Month in Colleyville, to Julie Donovan, Coordinator of Volunteer Recruitment, Meals on Wheels, Inc., Tarrant County. Ms. Donovan expressed appreciation to Mayor Kelly for serving as a volunteer to deliver meals and to the community for support of the program. Ms. Donovan invited the public to visit the Meals on Wheels web site at www.mealsonwheels.com for information about volunteer opportunities. Mayor Kelly recognized Steve Dye, police chief, for one year of service, Gary Keahey, equipment operator; Patrick Starrett, police officer; Michael Stephens, firefighter; Kase Williams, firefighter; and Brian Wilson, police officer, for five years of service; Russell Shelley, fire chief, for 15 years of service; and Terry Leake, Assistant City Manager and Chief Financial Officer and Cheryl Womack, police investigator, for 20 years of service. Mayor Kelly expressed appreciation to the employees for their dedication and service to the community. Mayor Kelly recognized Jeremy Lewis, firefighter, for obtaining a Bachelor of Science degree in Public Safety Administration. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3334 4a Approval of the minutes of the regular City Council meeting of February 15, 2011 4b Approval of the disposal of obsolete and non-serviceable equipment and vehicles 4c Approval of a donation of a golf cart from Golf Cars of Dallas to the Colleyville Police Department 4d Approval of a donation of $1,840 from the Colleyville Lions Club to the Colleyville Public Library Mayor Kelly read Resolution R-11-3334 in its entirely. 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 Resolution R-11-3334. City of Colleyville Page 5 Printed on 3/24/2011 City Council Minutes March 1, 2011 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 expressed gratitude to Golf Cars of Dallas for the donation of a golf cart to the Police Department and to the Colleyville Lions Club for the donation of $1,840 to the Colleyville Public Library. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-11-1792 Approval of amendments to Article II, Section 70 of the Code of Ordinances regarding Home Solicitations and Street Vendors Mayor Kelly read the caption of Ordinance 0-11-1792. Police Chief Steve Dye reviewed the proposed Home Solicitations and Street Vendors ordinance 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 the requirements for solicitors to wear a traffic safety vest, identification badge and permits to be visible during solicitation activities, process for addressing complaints related to solicitors, process and fees for obtaining a permit and frequency of background checks. Councilmember Taylor requested the Colleyville Communicator include examples of the permit and identification badge to illustrate the City issued credentials. Discussion continued regarding the specifications of the "No Solicitation" sign requirements, authority of the sign and the sources for obtaining a sign. City Council expressed appreciation for the comprehensive ordinance. City of Colleyville Page 6 Printed on 3/24/2011 City Council Minutes March 1, 2011 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3335 Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Tract 3C1, Abstract 963 of the A.J. Lott Survey, located at 6607 Colleyville Boulevard, Case GC11-001 Mayor Kelly read Resolution R-11-3335 in its entirety. Community Development Director Ron Ruthven stated the Sign Board of Appeals denied this variance request to locate a 12 foot monument sign at 6607 Colleyville Boulevard, outlined the sign regulations for a monument sign, stated the applicant submitted a written notice of appeal and answered questions of the City Council. Mayor Kelly opened the public hearing. Mr. Lynn Bural, 5104 Chelsea, applicant, provided information regarding the history of the property, boundaries and signage and sign visibility. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the prominence, location and height of the proposed monument sign and the impact to the success of the business. Community Development Director Ron Ruthven provided information regarding the history of City Council action on sign variance appeals. Mayor Pro Tem Ayers moved to approve Resolution R-11-3335 allowing the waiver for a 12 foot monument sign. 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 6b R-11-3336 Consideration of an appeal of the decision by the Sign Board of Appeals by Lynn Bural, for a variance regarding a monument sign on Lot 1, Block 1 of the Tuscany Addition, located at 5850 Colleyville Boulevard, Case GC11-002 Mayor Kelly read Resolution R-11-3336 in its entirety. Cify of Colleyville Page 7 Printed on 3/24/2011 City Council Minutes March 1, 2011 Community Development Director Ron Ruthven stated the Sign Board of Appeals denied the request for a one foot setback from the front property line for a monument sign at 5850 Colleyville Boulevard and provided information regarding the current signage and a summary of the request. Mayor Kelly opened the public hearing. Mr. Lynn Bural, 5104 Chelsea, presented information regarding the current signage and the proposed signage. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the content and purpose of the proposed sign, directional sign regulations and the effectiveness of the proposed sign. Mayor Pro Tem Ayers moved to deny Resolution R-11-3336, without prejudice. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jon Ayers, Tom Hart, Mike Taylor Nay: 1 - Stan Hall 6c R-11-3337 Consideration of appointment of an ex-officio member to the Colleyville Library Board Mayor Kelly read Resolution R-11-3337 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 nominated Mr. Steve Johnson, President of the Colleyville Area Chamber of Commerce, to serve as an ex-officio member of the Library Board. There were no other nominations. City of Colleyville Page 8 Printed on 3/24/2011 City Council Minutes March 1, 2011 Mayor Kelly moved to approve Resolution R-11-3337, appointing Mr. Steve Johnson to the Library Board as an ex-officio member representing the Colleyville Area Chamber of Commerce. 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 6d R-11-3338 Approval of changing the dates of the regular City Council meetings in October and December 2011 Mayor Kelly read Resolution R-11-3338 in its entirely. 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 Resolution R-11-3338. 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 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Library Board Minutes - December 13, 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 MARCH 1, 2011 - Reading and Public Hearing - Resolution R-11-3339 This resolution was not needed. City of Colleyville Page 9 Printed on 3/24/2011 City Council Minutes March 1, 2011 10. 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 8:56 p.m. APPROVED BY A VOTE OF ___~~~ AYES, ~ NAYS AND ~ ABSTENTIONS ON THIS THE ~_ DAY OF 2011. Minutes t n nd prepa y. _ . ~o-~ f~ C thia Singleton, TRMC, CMC City Secretary City of Colleyville Page 10 Printed on 3/24/2011