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HomeMy WebLinkAboutCity Council-Minutes-05/01/2011~..,, ~„ City of Colleyville 100 Main Street ~ , ~ Colleyvitle, Texas 76034 Agenda 817. 503.1000 ' „-,,,; www.colleyville.com City Council Tuesday, May 17, 2011 CITY COUNCIL CHAMBERS 5:00 P.M. - TOUR OF THE COLLEYVfLLE PUBLIC LIBRARY PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Fiscal Year 2011 (FY 2011) Street Capital Improvement Plan and other proposed street rehabilitations PC-2 Presentation of the Quarterly Performance Management Report PC-3 Presentation of the Quarterly Investment Report PC-4 Presentation of the Monthly Financial Report - April 2011 PC-5 Discussion of the May 17, 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 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 5/13/2011 City Council Agenda May 17, 2011 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 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-11-3359 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation - In recognition of the Colleyville Heritage High School Pep Band for participation in the Slant 45 premier - Mayor David Kelly and Economic Development Director Marty Wieder Presentation of a$500 donation for an anti-bullying program for local schools, in the name of Colleyville Police Corpora! Gary Moore - Bobby Lindamood Jr. Presentation of a donation to the Colleyville Public Library for the new teen area, in the amount of $2,400, by the Colleyville Rotary Club - Loren Pelton Presentation of a donation to the Colleyville Public Library for the Library Second Floor Expansion Project, in the amount of $17,200, by the Colleyville Public Library Foundation - Cecilia Monacelli, President Proclamation - In recognition of National Public Works Week - Mayor David Kelly, Interim Public Works Director Ron Ruthven, Assistant Director of Public Works Bill LeGrand, Utility Superintendent Ken Tywater and Public Works Road-e-o Coordinator James Watkins In recognition of Mayor Pro Tem Jon Ayers for service on the Colleyville City Council - Mayor David Kelly City of Colleyville . Page 2 Piinted on 5H3/2011 City Council Agenda May 17, 2011 In recognition of Mayor Pro Tem Jon Ayers by the Colleyville Fire Depa~tment - Fire Chief Russell Shelley and Battalion Chief Kirt Mays In recognition of Mayor Pro Tem Jon Ayers by the Colleyville Police Department - Police Chief Steve Dye 4. RECEPTION FOR MAYOR PRO TEM JON AYERS 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3360 5a Approval of the minutes of the regular City Council meeting of May 3, 2011 5b Approval of a donation of $2,400 from the Colleyville Rotary Club to the Colleyville Public Library 5c Appointment of a Contracting Party Representative and Afternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1794 Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004 sb 0-11-1795 Approval of a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit for a Package Store on 1.2 acres at Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC 11-007 6c 0-11-1796 Approval of an Ordinance amending Chapter 38 of the Code of Ordinances regarding alarm system permits and fees 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3361 Consideration of an appeal of the decision by the Sign Board of Appeals by Doug Skomer, for a variance regarding a development sign on Tract 1 E, Abstract 1182 of the WC Newton Survey, located at 8000 Precinct Line Road, Ca~e GC11-004 City of Colleyville Page 3 Prlnted on SN3/2011 City Council Agenda May 17, 2011 7b R-11-3362 Approval of the Local Transportation Project Advanced Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the construction of Colleyville Boulevard (SH26) between Pool/Brumlow and John McCain Road 8. CITIZEN COMMENTSIPRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Zoning Board of Adjustment Minutes - January 11, 2011 Architectural Review Commission Minutes - March 29, 2011 Sign Board of Appeals Minutes - April 12, 2011 Planning and Zoning Commission Minutes - April 25, 2011 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 17, 2011 - Reading and Public Hearing - Resolution R-11-3363 11. ADJOURNMENT: I hereby certify the above ager May 13, 20 , by 5:00 .. ~ Cynthia Singleton, TRMC, CMC City Secretary was posted on the bulletin boards at City Hall on Friday, ~ p~~i , ~.J 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 Colleyvifle Page 4 Printed on 5/13/2011 4~ s~ City of Colleyville 100 Main Street ~ ~ Colleyville, Texas 76034 M i n utes 817. 503.1000 r -`a" www.colleyville.com Clt~/ COU11C11 Tuesday, May 17, 2011 CITY COUNCIL CHAMBERS The Colleyville 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 17, 2011, at 5:32 p.m. Mayor Kelly congratulated Councilmember Stan Hall on re-election and Councilmember-elect Jody Short on election to the City Council. 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, City Engineer Jeremy Hutt, Library Director Mary Rodne, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Communications and Marketing Director Mona Gandy, Parks Superintendent Chuck Majors, Recreation Supervisor Sissy White, Senior Center Supervisor Renee Garrett, Strategic Services Manager Eric Ellwanger, Information Systems Technician Steve Thompson, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the Fiscal Year 2011 (FY 2011) Street Capital Improvement Plan and other proposed street rehabilitations City Engineer Jeremy Hutt spoke regarding the FY Year 2011 Street Capital Improvement Plan and other proposed street rehabilitation projects, including the budget for and length of roadway improvements, the assessment and selection of street projects, street condition rating system and stated the City Council determined collector and arterial street segments should have first priority due to higher traffic counts and answered questions of the City Council. Discussion ensued regarding the General Fund budget for street maintenance and rehabilitation projects and street rating structure. City of Colleyville Page 1 Prinfed on 6/13/2011 City Council Minutes May 17, 2011 City Manager Jennifer Fadden stated the project will be put out for bid and a future City Council meeting agenda will include an item for consideration of the contract. PC-2 Presentation of the Quarterly Performance Management Report Strategic Services Manager Eric Ellwanger spoke regarding the value of the City's mission and vision statement and the goal of the perFormance management system and reviewed the strategic points as identified as City Council priorities and answered questions of the City Council. Economic Development Director Marty Wieder spoke regarding business renovations and marketing efforts to lease property. Discussion ensued regarding the definition of sustainable government, recycling participation percentage and frequency of the citizen survey. PC-3 Presentation of the Quarterly Investment Report Assistant City Manager and Chief Financial Officer Terry Leake presented the Quarterly Investment Report and answered questions of the City Council. PC-4 Presentation of the Monthly Financial Report - April 2011 Finance Manager Karen Hines presented the April 2011 Monthly Financial Report and answered questions of the City Council. PC-5 Discussion of the May 17, 2011, City Council meeting regular agenda items Police Chief Steve Dye provided an update of agenda item 6c, Approval of an Ordinance amending Chapter 38 of the Code of Ordinances, regarding alarm system permits and fees, and stated the Local Government Code governs the amount a municipality can charge for false alarms. Chief Dye recommended the proposed ordinance be amended to reflect the maximum fines, per 12 month period for each offense, as allowed by statute: $50 for 4-5 false alarms; $75 for 6-7 false alarms; and, $100 for eight or more false alarms. Mayor Kelly requested the proposed ordinance also include the statement, "Maximum fine allowed by law". City Manager Jennifer Fadden stated regarding agenda item 7b, Approval of the Local Transportation Project Advanced Funding City of Colleyville Page 2 Printed on 6/13/2011 City Council Minutes May 17, 2011 Agreement with the Texas Department of Transportation for the construction of Colleyville Boulevard between Pool/Brumlow and John McCain Road, the Master Agreement between the two entities included in the packet was not the executed version and staff is providing the fully executed copy to City Council. Mayor Kelly adjourned the Pre Council meeting at 6:11 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 17, 2011, at 6:12 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, Community Development Director Ron Ruthven, City Engineer Jeremy Hutt, Library Director Mary Rodne, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Economic Development Director Marty Wieder, Communications and Marketing Director Mona Gandy, Parks Superintendent Chuck Majors, Recreation Supervisor Sissy White, Senior Center Supervisor Renee Garrett, Strategic Services Manager Eric Ellwanger, Assistant City Secretary Christine Loven, Office Assistant Joyceinne Williams, Information Systems Technician Steve Thompson, 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 - 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 3 Printed on 6/13/2011 City Council Minutes May 17, 2011 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 6:12 p.m.and reconvened at 7:30 p.m. 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-11-3359 Mayor Kelly read Resolution R-11-3359 in its entirety. Economic Development Director Marty Wieder stated the City Council adopted Economic Development Incentive Guidelines, which included an incentive program for facade improvements for Colleyville businesses. Director Wieder further stated the first application for a facade improvement grant of $15,000 has been received for the building at 5117 Colleyville Boulevard and reported the Architectural Review Commission reviewed the application and unanimously recommended approval and funding of this project. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hall moved to approve resolution R-11-3359. 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 Nay: 1 - Jon Ayers City of Colleyville Page 4 Printed on 6/13/2011 City Council Minutes May 17, 2011 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly and Economic Development Director Marty Wieder presented a Proclamation to the Colleyville Heritage High School Pep Band for participation in the premiere of the Slant 45 movie in association with the Super Bowl XLV event. Mayor Kelly stated the student band performed NFL-related songs as the public arrived to attend the premiere and provided an exciting atmosphere for the guests. Mayor Kelly presented a Proclamation to Police Chief Steve Dye, Police Lieutenant Rodney Cunningham and Police Corporal Gary Moore in recognition of National Police Week and Police Memorial Day. Police Chief Steve Dye expressed appreciation for the recognition and stated it is a privilege to serve this community. Bobby and Tami Lindamood, Jr. presented a$500 donation, in support of an anti-bullying program in the local schools, to Mayor Kelly, Police Chief Steve Dye and Corporal Gary Moore and expressed appreciation to police and fire personnel for their service to the City. Police Chief Steve Dye expressed appreciation to Bobby and Tami Lindamood for the donation and their service to the community and stated the anti-bullying campaign is a very important topic and the donation will help address this issue in the schools. Mr. Loren Pelton, on behalf of the Colleyville Rotary Club, presented a check, in the amount of $2,400, in support of the development of the Colleyville Public Library teen area. Mayor Kelly expressed appreciation to Colleyville Rotary Club members for the donation toward furnishing the teen area in the library. The Library Teen Advisory Board members expressed appreciation to the Colleyville Rotary Club for the generous donation and supporting establishment of a teen area in the library. Ms. Cecilia Monacelli, President, Colleyville Public Library Foundation, presented a check, in the amount of $27,200; $10,000 from the Robert J. and Helen H. Glaser family in support of the Summer Reading Program and $17,200 from the Colleyville Public Library Foundation, for the toddler and children's technology area on the second floor. Ms. City of Colleyville Page 5 Printed on 6/13/2011 City Council Minutes May 17, 2011 Monacelli stated the Glaser family has contributed to the Colleyville Public Library for eight years. Library Director Mary Rodne expressed appreciation to the Library Board Foundation for support of the library and stated the library would not be where it is today without their support. Director Rodne introduced Assistant Librarian Jennifer Britton who works with the Library Teen Advisory Board. Ms. Monacelli stated the $17,200 is a result of the annual Race to Read 5k fundraising event held the first Saturday in November, and invited everyone to participate in the race. Mayor Kelly presented a Proclamation to Interim Public Works Director Ron Ruthven, Assistant Director of Public Works Bill LeGrand, Utility Superintendent Ken Tywater and Equipment Operator and Public Works Road-e-o Coordinator James Watkins in recognition of National Public Works Week. Interim Public Works Director Ron Ruthven expressed appreciation to the City Council for the support and recognition, spoke regarding the services provided by the Public Works Department and commended the employees for their commitment to delivering high quality services to the citizens. Director Ruthven recognized Assistant Director Bill LeGrand and stated Mr. LeGrand started the department in the 1970's. Assistant Director of Public Works Bill LeGrand spoke regarding the establishment of the Public Works Department and expressed appreciation to City Council for their support of the department. Mayor Kelly and Public Works Road-e-o Coordinator James Watkins invited the public to the Public Works Road-e-o on Friday, May 20, 2011, at 9:00 a.m. in the south parking lot at City Hall. Mayor Kelly commended the Public Works employees for maintaining the streets and providing water and sewer service to the citizens. Mayor Kelly presented an inscribed crystal vase to Mayor Pro Tem Ayers for his dedication and service to the City as a member of City Council and as Mayor Pro Tem. Mayor Kelly stated Mayor Pro Tem Ayers has been a great mentor for all of us on City Council, especially with his legal background, it has made it much easier for the City Council as they worked through some challenging issues. On behalf of the City Council and residents, Mayor Kelly expressed appreciation to Mayor Pro Tem Ayers for eight years of service to the citizens of Colleyville and for leadership qualities that contributed to making Colleyville one of the best cities in the metroplex. City of Colleyville Page 6 Printed on 6/13/2011 City Council Minutes May 17, 2011 _ Fire Chief Russell Shelley, Lieutenant Daniel Torti, Lieutenant Scott Gill, Firefighter Matthew Blankenship and Mark Johnson and Bo Bottger, Citizen's Fire Academy Association members, presented a personalized fire helmet front to Mayor Pro Tem Ayers and expressed appreciation for his support of the Fire Department, including opening two new fire stations, replacing the entire apparatus fleet and adopting a fire sprinkler ordinance for homes over 6,000 square feet, which decreased fire damage to homes. Police Chief Steve Dye, on behalf of all the men and women of the Police Department, presented the SWAT Team and Colleyville Police Department patch in a shadowbox and expressed appreciation for Mayor Pro Tem Ayers' tremendous support of public safety and service to the City. Mayor Pro Tem Ayers stated, "It has been an honor and privilege to represent the citizens of Colleyville, a wonderFul City". Mayor Pro Tem Ayers expressed appreciation to the citizens and stated, "I am leaving you with a tremendous Mayor and one of the best City Councils and the best City staff of any city in the metroplex; you are in good hands. I would like to say thank you to everyone including my wife Deanne and daughter, Chloe; they have supported me in this endeavor. Again, it has been an honor and privilege to sit up here for the last eight years". 4. RECEPTION FOR MAYOR PRO TEM JON AYERS Mayor Kelly recessed the meeting at 8:01 p.m. for a reception for Mayor Pro Tem Ayers and reconvened the meeting at 8:18 p.m. 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3360 5a Approval of the minutes of the regular City Council meeting of May 3, 2011 5b Approval of a donation of $2,400 from the Colleyville Rotary Club to the Colleyville Public Library 5c Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System Mayor Kelly read Resolution R-11-3360 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. City of Colleyville Page 7 Printed on 6/13/2011 City Council Minutes May 17, 2011 Councilmember Muhm moved to approve Resolution R-11-3360 with the amendment to the minutes as follows: Agenda Item PC-4, City Council determined the following false alarm structure: 1-3, no fine; 4-5, $50; 6-7, $120; and 8 plus a$500 fee would be assessed after 10 false alarm calls. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1794 Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004 Mayor Kelly read the caption of Ordinance 0-11-1794. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for a package store located at 4205 Colleyville Boulevard and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Lanny Wilkinson, 3724 Lakeridge Drive, Grapevine, Texas, spoke regarding the number and success of lube centers in the City and the development plans for the property and business and answered questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding plans for delivery and pick-up service, security measures on the property, parking spaces, egress and ingress. Police Chief Dye outlined the results of a public safety assessment of the property. Discussion continued regarding the number and location of entrances, design score, environmental concerns, covered loaded area and landscaping plans City of Colleyville Page 8 Printed on 6/13/2011 City Council Minutes May 17, 2011 Mayor Kelly requested a landscape pian be provided to City Council. Fire Chief Russell Shelley spoke regarding the accessibility of fire trucks to the facility. Discussion continued regarding parking spaces and the environmental assessment of the property. 6b 0-11-1795 Approval of a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit for a Package (Liquor) Store on 1.2 acres at Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC 11-007 Mayor Kelly read the caption of Ordinance 0-11-1795. Community Development Director Ron Ruthven provided an overview of the request for a zoning change from R40-Single Family Residential to CC2- Shopping Center and a request for a Special Use Permit for a Package Store at 8070 Precinct Line Road, and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Mark Stacy, 412 South Jefferson, Pilot Point, Texas, representing the applicant, spoke regarding the exterior plan for building, site plan, access to property and answered questions of the City Council. There were no others wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding frontage access and TxDOT requirements, traffic flow, egress and ingress, exterior building materials and business volume. Police Chief Dye reported no public safety concerns with this application. Mr. Kenneth Carmany, 4144 Woodland Trails, Carrollton, Texas, applicant, spoke regarding the business plan and industry experience. 6c 0-11-1796 Approval of an Ordinance amending Chapter 38 of the Code of Ordinances regarding alarm system permits and fees Mayor Kelly read the caption of Ordinance 0-11-1796. Police Chief Steve Dye outlined the proposed amendments to Chapter City of Colleyville Page 9 Printed on 6/13/2011 City Council Minutes May 17, 2011 38 of the Code of Ordinances regarding alarm system permits and fees and the number of calis and man hours necessary to respond to false alarms and information regarding the benefits of using an alarm management company to collect alarm permit, renewal and penalty fees. Chief Dye further stated the Local Government Code caps the false alarm fees as follows: 1-3, no charge; 4-5, $50.00; 6-7, $75; and 8 or more, $100. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly commended Police Chief Dye for the proposed amendments to the alarm ordinance and the proposed use of an alarm management company, which will enhance public safety. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3361 Consideration of an appeal of the decision by the Sign Board of Appeals by Doug Skomer, for a variance regarding a development sign on Tract 1 E, Abstract 1182 of the WC Newton Survey, located at 8000 Precinct Line Road, Case GC11-004 Mayor Kelly read Resolution R-11-3361 in its entirety. Community Development Director Ron Ruthven provided an overview of the appeal of the decision by the Sign Board of Appeals for a variance regarding a development sign at 8000 Precinct Line Road and stated staff recommends denial. Mayor Kelly opened the public hearing. Mr. Doug Skomer, 12600 Travers Trail, Keller, Texas, applicant, spoke regarding the purpose and design of the sign. There were no others wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding sign construction materials and timeframe for sign placement. Councilmember Wollin moved to approve Resolution R-11-3361, with the amendment to Section 1, number 2, the sign shall be removed no later than three years from today's date or upon issuance of the last building permit whichever occurs first. City of Colleyville Page 10 Printed on 6/13/2011 City Council Minutes May 17, 2011 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-11-3362 Approval of the Local Transportation Project Advanced Funding Agreement (LPAFA) with the Texas Department of Transportation (TxDOT) for the construction of Colleyville Boulevard (SH26) between Pool/Brumlow and John McCain Road Mayor Kelly read Resolution R-11-3362 in its entirety. City Engineer Jeremy Hutt provided information regarding the reconstruction project of the northern segment of Colleyville Boulevard (SH26), the proposed agreement between the City and Texas Department of Transportation (TxDOT) for construction of SH26 between Pool/Brumlow Road and John McCain Road and funding sources for the project. 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 street surface, funding source and allocation of funding for the Colleyville segment of the project and future plans and funding sources for the remaining Colleyville segment of the project. _ City Attorney Matthew Boyle stated the Memorandum of Agreement would not trump this particular agreement but Exhibit "C" or Attachment "C" would, and it would in fact be a provision that would fit into that clause that says, except as otherwise provided for herein. So Attachment "C" would cap it at $5.070 million but in the event that City Council had any additional concerns, I agree with Mr. Ruthven, that would certainly be a good idea to include it in your motion to re-emphasize that point. But to restate it, Attachment "C" does cap the City's participation at $5.070 million total payment by the local government. Mayor Kelly moved to approve Resolution R-11-3362. Councilmember Taylor seconded the motion. City of Colleyville Page 11 Printed on 6N3/2011 City Council Minutes May 17, 2011 City Attorney Matthew Boyle stated Attachment "C" does cap the City's participation, but, again, if there was any desire of the City Council to add that as a condition, City Council would only need to add an additional clause to the resolution that says, the City's total contribution to the project shall be capped at 5.070 million dollars. Mayor Kelly made a friendly amendment to Resolution R-11-3362 adding "the City's total contribution to the project shall be capped at 5.070 million dollars. Councilmember Taylor accepted the friendly amendment. The motion carried by the following vote: Aye: 5- David Kelly, Carol Wollin, Stan Hall, Tom Hart, Mike Taylor Nay: 2- Michael Muhm, Jon Ayers 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Zoning Board of Adjustment Minutes - January 11, 2011 Architectural Review Commission Minutes - March 29, 2011 Sign Board of Appeals Minutes - April 12, 2011 Planning and Zoning Commission Minutes - April 25, 2011 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 17, 2011 - Reading and Public Hearing - Resolution R-11-3363 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Hart moved to adjourn and 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 12 Printed on 6H3/2011 City Council Minutes May 17, 2011 Mayor Kelly adjourned the regular meeting at 10:05 p.m. APPROVED BY A VOTE OF ~ AYES, ABSTENTIONS ON THIS THE _~ DAY OF Minutes n and epar .c-.~.- !r'~ ynthia Singleton, TRMC, C City Secretary ~ NAYS AND 2011. Cify of Colleyville Page 13 Printed on 6/13/2011