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HomeMy WebLinkAboutCity Council-Minutes-4/20/2011~,,,~~,,. City of Colleyville 100 Main Street Colleyville, Texas 76034 ,~`~'~ ~ ~`~ Agenda 817. 503.1000 ,~.~ ;~ www.colleyville.com Clt~/ COUIICII Tuesday, April 5, 2011 CITY COUNCIL CHAMBERS 5:00 P.M. - COLLEYVILLE EVENTS STEERING COMMITTEE APPLICANT INTERVIEWS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Colleyville Center Fiscal Year 2011 (FY 2011) Marketing Plan PC-2 Discussion of add-atternates for Phase One of the Colleyville Boulevard (SH26) Reconstruction Project PC-3 Presentation of the Final Report on the Comprehensive Assessment of the Development Review Process PC-4 Annual status update of the Economic Development Strategic Plan PC-5 Discussion of the April 5, 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 4/1/2011 City Council Agenda April 5, 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 Patrick Garcia, 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-11-3343 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Community Hero Award to Lauren McCoy - Mayor David Kelly and Fire Chief Russell Shelley Proclamation in recognition of the Colleyville Garden Club Promenade Garden Tour - Rita Kelly, Chair, 2011 Promenade and Susan Taylor, President, Colleyville Garden Club 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3344 4a Approval of the minutes of the regular City Council meeting of March 22, 2011 4b Approval of a donation of bike racks to the Colleyville Police Department 4c Approval of the use of the Voluntary Library Fund, for the purchase of audiovisual equipment for the Colleyville Public Library Second Floor Expansion Project, in an amount not to exceed $50,000 in Fiscal Year 2011 City of Colleyville Page 2 Printed on 4/1/2011 City Council Agenda April 5, 2011 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-11-1793 Approval of Ordinance 0-11-1793 establishing school safety zones and related speed limits within the City of Colleyville 6. RESOLUTION(S): READING AND PUBLIC HEARING sa R-11-3345 Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case GC11-003 sb R-11-3346 Approval to amend Resolution R-11-3331 Calling a General Election for May 14, 2011, to include early voting polling places 6c R-11-3347 Consideration of appointments to the Colleyville Events Steering Committee 6d R-11-3348 Approval of a contract with the law firm of Linebarger, Goggan, Blair & Sampson, LLP, for the collection of delinquent court fees and fines in the City of Colleyville Municipal Court 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Planning and Zoning Commission Minutes - January 24, 2011 Architectural Review Commission Minutes - March 7, 2011 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 5, 2011 - Reading and Public Hearing - Resolution R-11-3349 10. ADJOURNMENT: I hereby certif the ab a was posted on the bulletin boards at City Hall on April 1, 2011~byi~;~.m/l • . / D .~ Cyr~fiia 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 4/1/2011 City Council Agenda April 5, 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 4/1/2011 ,, , f ~~ , x ~ .~~a/ f ~ ~+ City of Colleyville Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 5, 2011 CITY COUNCIL CHAMBERS The City Council convened at 5:00 p.m. to interview applicants for the Colleyville Events Steering Committee. PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 5, 2011, at 5:34 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, Community Development Director Ron Ruthven, Library Director Mary Rodne, Economic Development Director Marty Wieder, City Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Administrative Assistant Marilyn Gilbert, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was absent. Presentation of the Colleyville Center Fiscal Year 2011 (FY 2011) Marketing Plan Colleyville Center Manager Lin Przybyl presented the Fiscal Year 2011 Marketing Plan, history and purpose of the Colleyville Center, cost recovery statistics and answered questions of the City Council. Discussion ensued regarding benchmarks of similar municipal facilities and competing local venues, the potential return on investment with enhanced marketing efforts, Center utilization and types of marketing strategies to increase exposure and facility use. It was determined staff would provide an analysis of current occupancy to identify new markets and calculate return on investment related to marketing investments. Discussion continued regarding collaboration with local businesses on marketing campaigns and discount opportunities for customers. City of Colleyville Page 1 Printed on 4/20/2011 City Council Minutes April 5, 2011 Colleyville Center Manager Lin Przybyl stated the Colleyville Center Advisory Committee may be proposing a new fee structure and a marketing proposal. City Manager Jennifer Fadden recognized Ms. Przybyl and staff for consistently providing extremely high customer service at the Colleyville Center. PC-2 Discussion of add-alternates for Phase One of the Colleyville Boulevard (SH26) Reconstruction Project Community Development Director Ron Ruthven stated this item is for the discussion of add-alternates for Phase One of the SH26 Reconstruction Project, provided the history related to plans for the purchase of fiberglass utility poles for the entire SH26 corridor and recommended that City Council reconsider the add-alternates based on current costs and scope of project. Discussion ensued regarding the discussions with the City of Grapevine regarding the repair of the Big Bear Creek bridge. City Engineer Jeremy Hutt reviewed the add-alternates and cost estimate for Phase One of the Colleyville Boulevard (SH26) Reconstruction Project. Discussion ensued regarding the structural reliability, aesthetics and costs of various types of utility poles and the placement of utility poles. City Council determined wooden utility poles would be installed along SH26. City Engineer Hutt reviewed the hardscape features and estimated cost per intersection hardscape. Discussion ensued regarding cost calculations for hardscape features. City Council requested staff provide design options and cost for intersection hardscape plans and examples of hardscape plans implemented in other cities. City Engineer Hutt provided information regarding median enhancements, cost for landscaping and answered questions of the City Council. Community Development Director Ruthven stated the City will be responsible for the maintenance of the median landscaping. City of Colleyville Page 2 Printed on 4/20/2011 City Council Minutes April 5, 2011 City Council determined the median softscaping should be low maintenance and a water conservation plant design. City Engineer Hutt provided information regarding the bridge railing design, the backlit street signs and the trail bridge crossing. City Council requested detailed and clear image examples of bridge railings. City Council determined the street signs should be the Colleyville blue and include the City logo. Community Development Director Ruthven stated staff will present additional information regarding the add-alternates mid to late summer and provided an estimated timeline for the SH26 project. City Manager Jennifer Fadden stated the next agenda will include an item for City Council consideration of a contract for the City's utility relocation. PC-3 Presentation of the Final Report on the Comprehensive Assessment of the Development Review Process It was determined this item would be discussed at a future Pre Council meeting. PC-4 Annual Status Update of the Economic Development Strategic Plan It was determined this item would be discussed at a future Pre Council meeting. PC-5 Discussion of the April 5, 2011, City Council meeting regular agenda items Police Chief Steve Dye presented information regarding the proposed contract for the collection of delinquent court fees and fines and staff's recommendation of Linebarger, Goggan, Blair & Sampson, LLP for the collection services program. Mayor Kelly adjourned the Pre Council meeting at 7:08 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 5, 2011, at 7:09 p.m. City of Colleyville Page 3 Printed on 4/20/2011 City Council Minutes April 5, 2011 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, Community Development Director Ron Ruthven, Library Director Mary Rodne, Economic Development Director Marty Wieder, City Engineer Jeremy Hutt, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Administrative Assistant Marilyn Gilbert, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, Information Systems Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was absent. 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 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, Real Estate 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 7:09 p.m. and reconvened at 7:42 p.m. City of Colleyville Page 4 Printed on 4/20/2011 City Council Minutes April 5, 2011 INVOCATION: Pastor Patrick Garcia, 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-11-3343 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 expressed appreciation to the volunteers and staff who worked the Spring Clean Sweep, Arbor Day, Tree City USA event, a city-wide clean-up effort to make Colleyville beautiful. Mayor Kelly invited citizens to the Candy-free Hoppin Good Egg Hunt, April 16, 2011, 1:00 p.m. to 3:00 p.m. in the Village at Colleyville for children ages 12 and under and stated Bunny photos are available for a small fee. Mayor Kelly invited citizens to attend the 10th Anniversary of the Old Tyme B-B-Q, which benefits Special Olympics. The event will be held at the Colleyville Center, 5301 Riverwalk. Mayor Kelly stated the festivities begin Friday, April 29 with a free fish fry and live music and Saturday, April 30, taste some of the best competition B-B-Q. Mayor Kelly announced the Texas Junior Anglers event is scheduled Saturday, April 30, 2011, at the Colleyville Nature Center, 100 Mill Wood Drive, from 9:00 a.m. until noon and youth 16 years of age and under are invited to fish free with poles and bait provided at no charge. Mayor Kelly, Fire Chief Russell Shelley, Battalion Chief Kirt Mays, Lieutenants Jeremy Lewis, Scott Gill, Daniel Torti, Jeff Ingram and firefighters Scott Wrisley, James Biggs, Heath Hodnett and Terry Wisdon presented the Community Hero Award to Miss Lauren McCoy for evacuating family members from their home during a fire. Mayor Kelly presented a Proclamation, in recognition of the Colleyville Garden Club's 50th anniversary and Promenade Garden Tour to Rita City of Colleyville Page 5 Printed on 4/20/2011 City Council Minutes April 5, 2011 Kelly, Promenade Chair; Susan Taylor, President; Diane Connor, Vice President-Programs and Carol Wollin, Chair-Publicity/Website. Ms. Kelly accepted the Proclamation, on behalf of the Colleyville Garden Club, expressed appreciation for the recognition and support of the Promenade Tour and invited everyone to attend the Tour, which will showcase four beautiful gardens, on May 1, 2011, 11:00 a.m. to 4:00 p.m. Mayor Kelly spoke regarding the partnership befinreen the City and Colleyville Garden Club and the contributions of the Club to the City, such as the planting of hundreds of daffodils creating streets of gold, the wind sculptures at McPherson Park and numerous projects adding beauty to the City and City facilities. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3344 4a Approval of the minutes of the regular City Council meeting of March 22, 2011 4b Approval of a donation of bike racks to the Colleyville Police Department 4c Approval of the use of the Voluntary Library Fund, for the purchase of audiovisual equipment for the Colleyville Public Library Second Floor Expansion Project, in an amount not to exceed $50,000 in Fiscal Year 2011 Mayor Kelly read Resolution R-11-3344 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 Wollin moved to approve Resolution R-11-3344. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor Absent: 1 - Jon Ayers City of Colleyville Page 6 Printed on 4/20/2011 City Council Minutes April 5, 2011 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-11-1793 Approval of Ordinance 0-11-1793 establishing school safety zones and related speed limits within the City of Colleyville Mayor Kelly read the caption of Ordinance 0-11-1793. Police Chief Steve Dye presented information regarding the proposed amendments to the ordinance, which establishes school safety zones and related speed limits within the City, stated an update to the existing ordinance is needed due to changes to the school property boundaries at the Covenant Christian Academy and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3345 Approval of a waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances regarding the sale of alcoholic beverages within 300 feet of a school, Case GC11-003 Mayor Kelly read Resolution R-11-3345 in its entirety. Community Development Director Ron Ruthven stated Tokyo Samurai applied for a variance to the requirements of the Colleyville Code of Ordinances related to the sale of alcoholic beverages within 300 feet of a school. A Special Use Permit was approved by City Council, which authorized the sale of alcoholic beverages within the limits of the entire Town Center development provided the business complies with the 300 foot distance requirement from a school. The Barbara Gordon Montessori School is inside the 300 foot distance requirement, therefore, a waiver must be granted in order for alcoholic beverages to be served. Mr. Ruthven further stated the Barbara Gordon Montessori School expressed concern regarding the sale of alcoholic beverages and staff recommends approval. Mayor Kelly opened the public hearing Mr. Nguyen, Grand Prairie, Texas, representing the applicant, was present to answer questions of the City Council. City of Colleyville Page 7 Printed on 4/20/2011 City Council Minutes April 5, 2011 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the conditions of the certificate of occupancy and the distance between the school and the restaurant. Councilmember Hart moved to approve Resolution R-11-3345. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 5- David Kelly, Carol Wollin, Michael Muhm, Tom Hart, Mike Taylor Nay: 1 - Stan Hall Absent: 1 - Jon Ayers 6b R-11-3346 Approval to amend Resolution R-11-3331 Calling a General Election for May 14, 2011, to include early voting polling places Mayor Kelly read Resolution R-11-3346 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 Taylor moved to approve Resolution R-11-3346. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor Absent: 1 - Jon Ayers 6c R-11-3347 Consideration of appointments to the Colleyville Events Steering Committee Mayor Kelly read Resolution R-11-3347 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 4/20/2011 City Council Minutes April 5, 2011 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilmember Muhm nominated Mrs. Amy Redfearn and Mr. Charlie Hewitt and moved to approve Resolution R-11-3347, appointing Mrs. Redfearn and Mr. Hewitt to the Colleyville Events Steering Committee. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor Absent: 1 - Jon Ayers 6d R-11-3348 Approval of a contract with the law firm of Linebarger, Goggan, Blair & Sampson, LLP, for the collection of delinquent court fees and fines in the City of Colleyville Municipal Court Mayor Kelly read Resolution R-11-3348 in its entirety. Police Chief Steve Dye provided information regarding the current collection process of delinquent court fees and fines and the service features of the Linebarger, Goggan, Blair and Sampson, LLP collection program and stated the Texas Code of Criminal Procedure allows the governing body of a municipality to authorize the addition of a collection fee, in the amount of 30 percent on each City warrant, which is paid by the wanted subject and provided to the collection agency for services rendered. 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 disbursement of revenue from the court fees and fines collected. Councilmember Taylor moved to approve Resolution R-11-3348. Councilmember Wollin seconded the motion. Councitmember Muhm commended Police Chief Dye for proposing the process to enhance efficiency and increase the collection revenue. City of Colleyville Page 9 Printed on 4/20/2011 City Council Minutes April 5, 2011 Police Chief Dye commended Warrant Officer Fossett and community volunteers for collecting $420,623 in outstanding warrants in 2010. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor Absent: 1 - Jon Ayers 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Planning and Zoning Commission Minutes - January 24, 2011 Architectural Review Commission Minutes - March 7, 2011 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 5, 2011 - Reading and Public Hearing - Resolution R-11-3349 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. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor Absent: 1 - Jon Ayers Mayor Kelly adjourned the meeting at 8:22 p.m. City of Colleyville Page 10 Printed on 4/20/2011 City Council Minutes April 5, 2011 APPROVED BY A VOTE OF ___~~ AYES, NAYS AND _~~ ABSTENTIONS ON THIS THE ~~ DAY OF 2011. Minutes ken nd pre ared by: ~~-~~ ~ C thia ~n leton, TRMC, CMC City Secretary City of Colleyville Page 11 Printed on 4/20/2011