HomeMy WebLinkAboutCity Council-Minutes-4/8/2011, `~
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City of Colleyville
Agenda
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City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, March 22, 2011
CITY COUNCIL CHAMBERS
5:00 P.M. - TOUR OF THE COLLEYVILLE PUBLIC LIBRARY
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Presentation and discussion of the Texas Municipal Retirement System
plan design
PC-2 Presentation and discussion of City of Colleyville branding logos
PC-3 Discussion of the Colleyville Police Department Secure Medicine
Disposal Program
PC-4 Discussion of Court Fees and Fines Collection Service
PC-5 Presentation of the Monthly Financial Report - February 2011
PC-6 Discussion of the March 22, 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 - 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
City of Colleyville Page 1 Printed on 3/15/2011
City Council Agenda March 22, 2011
Section 551.072 - Real Estate - Deliberate the purchase, exchange,
lease or value of real property for City facilities
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 Lee Johnson, Bear Valley 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-11-3340
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of the featured Colleyville business - Knobbies & Slicks,
8300 Precinct Line Road - Frank and Debbie Zarsk, owners
Proclamation in recognition of April as Child Abuse Prevention Month -
Julie Evans, Associate Director, Alliance For Children
Proclamation in recognition of the Keep America Beautiful and Keep
Colleyville Beautiful Great American Cleanup and Arbor Day in
Colleyville - Icie Berkman, Chairman, Colleyville Spring Clean Sweep,
John and Charna Gray, members, Keep Colleyville Beautiful and Monica
Walsh, Parks and Recreation Director
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3341
4a Approval of the minutes of the regular City Council meeting of March 1,
2011
City of Colleyville Page 2 Printed on 3/15/2011
City Council Agenda March 22, 2011
4b Approval of an Interlocal Agreement with Tarrant County for the
rehabilitation of Brown Trail, from Cheek-Sparger Road to Colleyville
Boulevard (SH26), and authorize the city manager to execute the
agreement
4c Approval of two contracts with RC Mechanical for the Colleyville Senior
Center and Colleyville Fire Station 3, 2010 Energy Efficiency Projects, in
amounts not to exceed $69,400 and $41,800, and authorize the city
manager to execute the contracts
4d Approval of an amendment to the Professional Services Agreement with
Teague Nall and Perkins, Inc., for the design of the relocation of the
City's water and sanitary sewer lines, in an amount not to exceed
$44,000, and authorize the city manager to execute the contract
4e Approval of a change order with Humphrey & Morton Construction for
the Cotton Belt Trail, Phase II, in an amount not to exceed $112,367.80,
and authorize the city manager to execute the change order
5. ORDINANCE(S):
SECOND 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. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 22, 2011
- Reading and Public Hearing - Resolution R-11-3342
8. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
March 18, 1, by 5: ..
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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.
City of Colleyville Page 3 Printed on 3/15/2011
City Council Agenda March 22, 2011
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 3/15/2011
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City of Colleyville
Minutes
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City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, March 22, 2011
CITY COUNCIL CHAMBERS
The City Council toured the Colleyville Public Library to view the
progress of the library expansion project.
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on March 22, 2011, at 5:35 p.m.
Mayor Kelly introduced and welcomed City Council candidate Jody
Short.
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, Police Chief Steve Dye,
Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley,
Community Development Director Ron Ruthven, City Engineer
Jeremy Hutt, Economic Development Director Marty Wieder,
Marketing Coordinator Ashley Stathatos, Human Resources
Manager Elise Welborn, Colleyville Center Manager Lin Przybyl,
Street Superintendent Jimmy Brock, Assistant Director of Public
Works Bill LeGrand, Police Officer Raymon Cannon, Strategic
Services Manager Eric Ellwanger, Finance Manager Karen Hines,
Communications and Marketing Director Mona Gandy, Parks and
Recreation Director Monica Walsh, Information Services Manager
Chris Pena, City Attorney Michael Kallas and City Secretary Cynthia
Singleton were also present.
Councilmember Carol Wollin arrived at 5:58 p.m.
PC-1
Presentation and discussion of the Texas Municipal Retirement System
plan design
Human Resources Manager Elise Welborn provided an overview of the
Texas Municipal Retirement System plan design and answered
questions of the City Council.
City Council requested an additional TMRS plan change study that
includes the City's calendar year 2011 contribution rate based on a
matching ratio of 1.5:1 and an annuity increase of 70% ad hoc.
City of Colleyville Page 1 Printed on 4/7/2011
City Council Minutes March 22, 2011
Discussion ensued regarding employee benefits and sustainability of the
benefit plan.
PC-2 Presentation and discussion of City of Colleyville branding logos
The Pre Council meeting was reconvened at 8:12 p.m. at the conclusion
of the regular City Council to discuss this item.
PC-3 Discussion of the Colleyville Police Department Secure Medicine
Disposal Program
Police Chief Steve Dye presented information regarding the
consequences of the improper disposal of prescription and
over-the-counter drugs, the abuse of prescription drugs and provided an
overview of the Secure Medicine Disposal Program, which provides a
free, convenient and secure method of disposing of unwanted medicine
and answered questions of the City Council.
Discussion ensued regarding publicizing the Secure Medicine Disposal
Program.
City Council suggested promoting the program through homeowner
associations, the Senior Center, assisted living centers, library patrons,
school district staff, Parent Teacher Associations and Bluebonnet Hills
Funeral Home.
PC-4 Discussion of Court Fees and Fines Collection Services
Police Chief Steve Dye provided information regarding the City's efforts
to serve warrants and collect revenue and outlined the advantages of
employing the court fees and collection services of Linebarger, Goggan,
Blair and Sampson, LLP (Linebarger) and answered questions of the
City Council.
Chief Dye introduced Mr. Corey Fickes, Attorney and Mr. Dan Romo,
Texas Fees and Fines Marketing Manager, Linebarger, Goggan, Blair &
Sampson, LLP.
Mr. Fickes provided information regarding the process for locating
missing defendants and collection program features.
Discussion ensued regarding contract terms, payment options and
collection service fees.
Assistant City Manager and Chief Financial Officer Terry Leake provided
information regarding the City's previous collection practices.
City of Colleyville Page 2 Printed on 4/7/2011
City Council Minutes March 22, 2011
City Council determined an item should be placed on a future agenda for
consideration of contracting with a collection service.
PC-5 Presentation of the Monthly Financial Report - February 2011
There was no discussion of this item.
PC-6 Discussion of the March 22, 2011, City Council meeting regular agenda
items
There was no discussion of the regular agenda items.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on March 22, 2011, at 7:31 p.m.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
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, Fire Chief Russell Shelley, Community
Development Director Ron Ruthven, Economic Development
Director Marty Wieder, Library Director Mary Rodne, Human
Resources Manager Elise Welborn, City Engineer Jeremy Hutt,
Street Superintendent Jimmy Brock, Assistant Director of Public
Works Bill LeGrand, Colleyville Center Manager Lin Przybyl,
Communications and Marketing Director Mona Gandy, Parks and
Recreation Director Monica Walsh, Information Services Manager
Chris Pena, City Attorney Michael Kallas and City Secretary Cynthia
Singleton were also present.
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 - 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
City of Colleyville Page 3 Prinfed on 4/7/2011
City Council Minutes March 22, 2011
Section 551.072 - Real Estate - Deliberate the purchase, exchange,
lease or value of real property for City facilities
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, 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 6:58 p.m. and reconvened at 7:31 p.m.
INVOCATION: Pastor Lee Johnson, Bear Valley 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-11-3340
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
Mayor Kelly announced the Kidsville Playground renovation is complete
and invited citizens to the ribbon cutting ceremony Friday, March 25,
2011, at 4:30 p.m.
Mayor Kelly recognized Colleyville business Knobbies & Slicks Bicycle
and Cycling Studio at 8300 Precinct Line Road and owners Frank and
Debbie Zarsk.
Ms. Zarsk provided information regarding the products and services
offered at Knobbies & Slicks Bicycle and Cycling Studio and invited the
public to visit the store.
Mayor Kelly expressed appreciation to Ms. Zarsk for being part of the
Colleyville business community.
City of Colleyville Page 4 Printed on 4/7/2011
City Council Minutes March 22, 2011
Mayor Kelly presented a Proclamation in recognition of April as Child
Abuse Prevention Month, to Ms. Julie Evans, Associate Director,
Alliance For Children.
Ms. Evans expressed appreciation to the City for support of the child
abuse prevention program and commended Sergeant Hillary Wreay and
Detective Cheryl Womack for their commitment to protecting children.
Mayor Kelly presented a Proclamation, in recognition of the Keep
America Beautiful and Keep Colleyville Beautiful Great American
Cleanup and Arbor Day, to Icie Berkman, Chairman, Colleyville Spring
Clean Sweep, John and Charna Gray, Ret Stansberger and Elsie
Gunter, members, Keep Colleyville Beautiful.
Ms. Berkman expressed appreciation to the volunteers of the Keep
Colleyville Beautiful program and invited everyone to join in the fun and
participate in the Spring Clean Sweep event scheduled Saturday, April 2.
Ms. Stansberger commended residents and the Parks and Recreation
Department employees for keeping the City beautiful.
Ms. Gunter commended citizens for adopting streets and keeping
Colleyville beautiful and expressed appreciation to John and Charna
Gray for their dedication to Keep Colleyville Beautiful.
Parks and Recreation Director Monica Walsh expressed appreciation to
the volunteers and invited citizens to the event. Ms. Walsh stated
residents may dispose of bulk trash and household hazardous waste,
utilize the Shredinator and recycle electronics and household items with
Goodwill Industries, during Clean Sweep on April 2 at City Park, 9:00
a.m. - 11:00 a.m. and volunteer at the City-wide clean-up effort April 2 at
McPherson Park at 8:30 a.m.
Mayor Kelly, on behalf of City Council, expressed appreciation to Keep
Colleyville Beautiful volunteers and encouraged residents to participate
in the Keep Colleyville Beautiful Clean Sweep event on April 2.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3341
4a Approval of the minutes of the regular City Council meeting of March 1,
2011
4b Approval of an Interlocal Agreement with Tarrant County for the
rehabilitation of Brown Trail, from Cheek-Sparger Road to Colleyville
Boulevard (SH26), and authorize the city manager to execute the
agreement
City of Colleyville Page 5 Printed on 4/7/2011
City Council Minutes March 22, 2011
4c Approval of two contracts with RC Mechanical for the Colleyville Senior
Center and Colleyville Fire Station 3, 2010 Energy Efficiency Projects, in
amounts not to exceed $69,400 and $41,800, and authorize the city
manager to execute the contracts
4d Approval of an amendment to the Professional Services Agreement with
Teague Nall and Perkins, Inc., for the design of the relocation of the
City's water and sanitary sewer lines, in an amount not to exceed
$44,000, and authorize the city manager to execute the contract
4e Approval of a change order with Humphrey & Morton Construction for
the Cotton Belt Trail, Phase II, in an amount not to exceed $112,367.80,
and authorize the city manager to execute the change order
Mayor Kelly read Resolution R-11-3341 in its entirety.
Community Development Director Ron Ruthven provided information
regarding Consent agenda item 4c, the 2010 Energy Efficiency Projects,
stating the City received an Energy Efficiency and Conservation Block
Grant and a grant from Oncor to fund the projects. Mr. Ruthven further
stated, it is anticipated Fire Station 3 and the Senior Center HVAC
system upgrades will save an estimated savings of $6,000 and $8,000,
respectively.
Community Development Director Ron Ruthven stated only one bid was
submitted due to the current financing limitations and numerous federal
requirements placed on contractors.
City Manager Jennifer Fadden stated RC Mechanical is a Colleyville
business and currently provides service to the Colleyville Senior Center.
Community Development Director Ron Ruthven provided information
regarding Consent agenda item 4d, reviewing the amended Professional
Services Agreement with Teague Nall and Perkins for the design and
relocation of the City's water and sanitary sewer lines and stating the
initial scope of the project relocated all City utilities at one time. With
the proposed phasing, an amendment is requested to allow for the
separation of the plans into multiple phases, which will allow the City to
proceed with Phase 1 of the Colleyville Boulevard (SH26) reconstruction.
City Engineer Jeremy Hutt provided information regarding timing of
Phase 2 and Phase 4 plans and stated that as long as the scope of the
project does not change, the agreement with Teague Nall and Perkins is
complete.
City of Colleyville Page 6 Printed on 4/7/2011
City Council Minutes March 22, 2011
City Manager Jennifer Fadden stated an update and discussion of the
SH26 project memorandum of agreement and utility pole selection is
scheduled for the April 5, 2011 Pre Council meeting.
Community Development Director Ron Ruthven provided information
regarding Consent agenda item 4e, highlighting the line item charges for
the change order with Humphrey & Morton Construction for the Cotton
Belt Trail, Phase II and stating 74 percent of the change order will be
reimbursed by TxDOT.
City Engineer Jeremy Hutt stated a$143,000 contingency was approved
for this project and the current change order totals $112,367.80.
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 Pro Tem Ayers moved to approve Resolution R-11-3341.
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
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-11-1792 Approval of amendments to Article I I, Section 70 of the Code of
Ordinances regarding Home Solicitations and Street Vendors
Mayor Kelly read the caption of Ordinance 0-11-1792.
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 content, size and legal power of the no
solicitation signs, the Police enforcement action related to the signs and
the effective date of the Ordinance.
Police Chief Steve Dye stated if a resident or business previously had a
verbal or written agreement for services with a vendor, the vendor or
provider of the services must be notified their services are no longer
City of Colleyville Page 7 Printed on 4/7/2011
City Council Minutes March 22, 2011
needed and the vendor is required to discontinue soliciting that
residence or business. Chief Dye further stated the Police should be
notified if the vendor is not compliant.
Councilmember Wollin commended the Police Department for proposing
the Ordinance and stated this is a number one neighborhood concern of
our citizens and this Ordinance makes the community feel safer.
Mayor Pro Tem Ayers moved to approve Ordinance 0-11-1792.
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
6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 22, 2011
- Reading and Public Hearing - Resolution R-11-3342
This resolution was not needed.
8. 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 regular meeting at 8:05 p.m.
Mayor Kelly reconvened the Pre Council meeting at 8:12 p.m.
Economic Development Director Marty Wieder presented the proposed
branding logos.
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City Council Minutes March 22, 2011
City Council determined the horse should be reduced in size and angled
slightly, the tail should be dropped slightly and the word "Colleyville"
should be accentuated.
City Council determined the revised logo should be presented during a
future Pre Council meeting.
Mayor Kelly adjourned the Pre Council meeting at 8:28 p.m.
APPROVED BY A VOTE OF _~ AYES, c'~ NAYS AND ~
ABSTENTIONS ON THIS THE ~S"' DAY OF 2011.
Minutes t k and prepared b:-
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Cynthia Singleton, TRMC, CMC
City Secretary
City of Colleyville Page 9 Printed on 4/7/2011