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HomeMy WebLinkAboutCity Council-Minutes-1/19/2016 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, January 19, 2016 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation from the Texas Coalition for Affordable Power (TCAP) PC-2 Discussion of the Annual Crime and Traffic Report PC-3 Discussion, consideration, and direction regarding complaint - alleged conflict of interest (City Manager) 14.02 City Charter PC-4 Discussion of the January 19, 2016, City Council 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 - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Lincoln et al 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 or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Agenda January 19, 2016 City of Colleyville Page 2 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Associate Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-3953 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 Jon Escamilla, the 2015 Employee of the Year In recognition of Colleyville's featured business - Anna's Mexican Grill, Alfredo Gonzalez Castaneda, owner, 1009 Cheek-Sparger Road, Suite 122A - Mayor David Kelly and Economic Development Director Marty Wieder 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3954 4a Approval of the minutes of the regular City Council meeting of January 5, 2016 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1973 Consideration of a zoning change from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district on Lot 1 of the Miles Addition, located at 6480 Pool Road, Case ZC15-018 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Agenda January 19, 2016 City of Colleyville Page 3 7. REPORTS Parks and Recreation Advisory Board Meeting Minutes - October 12, 2015 Planning and Zoning Commission Meeting Minutes - November 9, 2015 Planning and Zoning Commission Meeting Minutes - December 14, 2015 Monthly Financial Report - December 2015 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 19, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16- 3955 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, January 15, 2016, by 5:00 p.m. Amy Shelley, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. 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 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 19, 2016 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on January 19, 2106, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Services Lieutenant and Criminal Investigation Division Commander Hillary Wreay, Communications and Marketing Director Mona Gandy, Chief Financial Officer Brian Logan, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Recreation and Library Director Mary Rodne, Economic Development Director Marty Wieder, Colleyville Center Manager Leslie Hill, Finance Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Assistant City Attorney Ben Stool, and City Secretary Amy Shelley PC-1 Presentation from the Texas Coalition for Affordable Power (TCAP) Strategic Services Manager Adrienne Lothery introduced TCAP Executive Director Jay Doegey, and Bill Stearns, consultant and technical expert, who presented this item. Councilmember Putnam asked Mr. Doegey if it is similar to a mini-coop. Mr. Doegey replied there are some similarities, but the term they use is a political subdivision corporation, and they are a non-profit entity. Councilmember Putnam asked Mr. Doegey if they have a role in lobbying regulatory issues. Mr. Doegey replied yes, they do talk to legislators before the sessions begin. Councilmember Mogged asked Mr. Doegey about how the pricing fits with the savings of the five year contract. Mr. Doegey replied the annual savings is in relation to just the energy charge, not the distribution charge. Councilmember Mogged asked Mr. Doegey if there is a flat charge, and then a consumption charge above and beyond. Mr. Doegey replied both are consumption charges. Mr. Stearns added nobody can discount the wire charge, which is the fee from Oncor. City Council Minutes January 19, 2016 City of Colleyville Page 2 Mayor Pro Tem Taylor asked Mr. Doegey about the timeframe for the cities to lock in the rate, or pull the contract. Mr. Doegey replied by February 25 the resolution must be returned so TCAP will know which options will work. Mr. Stearns replied they will have 120 days after the resolutions are passed. Mayor Pro Tem Taylor asked Mr. Stearns if this will be done on the spot market. Mr. Stearns replied on the futures contracts. Mayor Pro Tem Taylor asked Mr. Doegey if any city can choose their preference between the options. Mr. Doegey replied yes. Mayor Pro Tem Taylor asked Mr. Doegey if within any option a city can have three or five years. Mr. Doegey replied all options will be five years. Mr. Stearns concurred. Mayor Kelly asked Mr. Stearns if the off-peak rates move in concert with the on- peak rates. Mr. Stearns replied yes, and historically the rates vary by year. Councilmember Mogged stated the risk is it could turn from a savings to an additional cost. Mr. Stearns agreed, and stated they can take those spot prices and convert them into fixed; however, by the time you recognize you need to do that, it is too late. Mayor Kelly stated originally spot prices were lower than the fixed rate, but the cities are always looking for stability for budgeting purposes. Councilmember Putnam asked staff if they have a recommendation in terms of doing this now or later, and which option. Manager Lothery replied the five year contract is the term on the table. She stated there is budgetary stability with Option 1, and minimal savings Options 2 or 3, which would probably make Option 1 staff’s preference; however, staff will move forward at the direction of City Council. Mayor Kelly stated the full participation provides a certainty, in that, we will not have to worry about where the rates go. Mayor Kelly asked City Council which option they prefer. Councilmembers replied Option 1. Mayor Kelly asked Mr. Stearns why the generators would commit three to five years on such a low rate. Mr. Stearns replied generators are no different than any other company, it comes down to cash flow. City Council Minutes January 19, 2016 City of Colleyville Page 3 PC-2 Discussion of the Annual Crime and Traffic Report Assistant City Manager/Director of Public Safety Mike Holder, Assistant Police Chief Robert Hinton, and Services Lieutenant and Criminal Investigation Division Commander Hillary Wreay, presented this item and briefed the City Council. Councilmember Short asked staff if a crash report is completed any time two cars bump into each other. Chief Hinton replied no. Councilmember Short asked staff what determines when a report is completed. Chief Hinton replied state law determines when reports are completed, and it is based on several factors, such as property damage or injuries. Councilmember Short asked staff why injuries went up, but crashes went down. Chief Hinton replied under the guidelines of the Department of Public Safety, if someone claims to have an injury, regardless of property damage, the officer will automatically mark the report as an injury. Councilmember Wollin expressed her appreciation to the police department for conducting the cyber security session, and said it was very well received. She stated it helped to put a friendly face with contact information and it also helps with the community policing efforts. Mayor Kelly asked staff how long cases remain open. Commander Wreay replied it really depends on the type of case, as some are kept open forever. Mayor Kelly asked staff if there are data markers to help track similarities with cases. Commander Wreay replied no, but we have one sergeant who reviews all cases. She stated every day the Criminal Investigation Division (CID) will have briefings, and weekly meetings which helps to identify similarities. Mayor Kelly asked staff if there is any software we need to look at. Assistant City Manager/Director of Public Safety Mike Holder replied there are some crime analyses software, and some surrounding agencies have crime analysts to share information, and we use their databases. He stated the weekly meetings of CID, and the monthly Computer or Comparative Statistics (COMPSTAT) meetings help with identifying those similarities. He stated there is nothing now that we need to utilize; however, they are looking. Mayor Pro Tem Taylor asked staff about the RUN, HIDE, FIGHT video. Assistant City Manager/Director of Public Safety Mike Holder replied the video was sent out to all City employees last year, with plans to send it again. He added staff is currently in the early stages of putting together an exercise, specific for City Council. Mayor Pro Tem Taylor suggested it should be running on the cable channel for all citizens to see. City Council Minutes January 19, 2016 City of Colleyville Page 4 Communications and Marketing Director Mona Gandy stated the video was pushed out through E-news, and it can certainly be done again. Mayor Pro Tem Taylor stated he must have missed it. PC-3 Discussion, consideration, and direction regarding complaint- alleged conflict of interest (City Manager) 14.02 City Charter Assistant City Attorney Ben Stool presented this item and briefed the City Council. Mayor Kelly stated based on the complaint, City Council is supposed to file a response to it in a timely manner. Assistant City Attorney Ben Stool replied yes; however, the complaint was not timely in itself, and you can deal with it on that merit. He stated his office can prepare a response, if necessary. Mayor Kelly stated the accusation has been thrown out there, affecting not just a person, but the City. He then asked City Manager Jennifer Fadden if she would like the complaint to be looked in to, as a matter of putting this to rest. City Manager Jennifer Fadden replied absolutely, if the City Council wishes to conduct an independent investigation, relative to her real estate holdings to determine if they pose a conflict of interest in her role as city manager, then please do so. She stated over the last six and half years she has conducted herself in an ethical and professional manner. She would welcome an independent investigation. Councilmember Short stated he appreciates Assistant City Attorney Ben Stool Stool’s perspective; however, an independent look would serve the City well. Mayor Kelly asked City Council if they are good with that. City Councilmembers agreed. Assistant City Attorney Ben Stool asked Mayor Kelly if City Council would like an outside firm to complete the investigation. He added sometimes an outside attorney is hired to take an independent look at concern. Mayor Kelly replied as independently as possible. PC-4 Discussion of the January 19, 2016, City Council regular agenda items There was no discussion of this item. Mayor Kelly adjourned the Pre Council meeting at 7:10 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen City Council Minutes January 19, 2016 City of Colleyville Page 5 City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Communications and Marketing Director Mona Gandy, Chief Financial Officer Brian Logan, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Economic Development Director Marty Wieder, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Ben Stool, and City Secretary Amy Shelley 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 - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Lincoln et al 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 or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Kelly explained 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 there would be no decisions made or action taken during this time. The meeting was recessed at 7:10 p.m. and reconvened at 7:11 p.m. INVOCATION: Associate Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: Assistant City Attorney Ben Stool 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-3953 This resolution was not needed. City Council Minutes January 19, 2016 City of Colleyville Page 6 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 Colleyville Citizen’s Police Academy is seeking applications for the 2016 class. He encouraged those interested to bring in or mail their completed application form to Corporal Raymon Cannon at the Justice Center, 5201 Riverwalk Drive. He added more information is available on the website. Proclamation in recognition of Jon Escamilla, the 2015 Employee of the Year Mayor Kelly presented Jon Escamilla with a proclamation in recognition of being selected as the 2015 Employee of the Year. In recognition of Colleyville's featured business - Anna's Mexican Grill, Alfredo Gonzalez Castaneda, owner, 1009 Cheek-Sparger Road, Suite 122A - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly and Economic Development Director Marty Wieder introduced Beatriz Dickson and Alfredo Gonzalez Castaneda of Anna’s Mexican Grill, the featured business of the month. Councilmember Wollin encouraged everyone to attend the 7th Annual State of the City meeting to be held on Thursday, January 28, 2016, at Colleyville Center located at 5301 Riverwalk Drive. She stated the open house begins at 6:00 p.m., followed by the State of the City at 7:00 p.m. She expressed her appreciation to City Manager Jennifer Fadden and City staff for their efforts in putting together this event. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3954 4a Approval of the minutes of the regular City Council meeting of January 5, 2016 Mayor Kelly read Resolution R-16-3954 in its entirety. Mayor Kelly opened the public hearing at 7:49 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:49 p.m. City Council Minutes January 19, 2016 City of Colleyville Page 7 Councilmember Mogged made a motion to approve Resolution R-16-3954. Councilmember Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1973 Consideration of a zoning change from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district on Lot 1 of the Miles Addition, located at 6480 Pool Road, Case ZC15-018 Mayor Kelly read the caption of Ordinance O-16-1973. Community Development Director Abra Nusser presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 7:51 p.m. Chuck Stark, the applicant, presented this item and briefed the City Council. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request with concerns of higher density, drainage, traffic, and the loss of the rural country feel. Mike Dellangelo, 2602 Highland Drive, spoke in support of this request. Stuart Gardner, 6000 Montford Drive, Board of Directors Highland Meadows HOA, spoke in opposition to this request with concerns of higher density. Janet Suedmeier, 2301 Mulberry Court, spoke in opposition to this request with concerns of the overall development. Sue Reed, 2512 Independence Road, spoke on behalf of the Heritage Colony HOA and herself, and stated being in opposition to this request with concerns of higher density. Grady Walker, 7309 John McCain Road, spoke in support of this request. Anthony Horton, 2612 Independence Road, spoke in opposition to this request with concerns of higher density. City Council Minutes January 19, 2016 City of Colleyville Page 8 The following persons did not wish to speak but wished to register their opposition: George Dodson, 7309 Balmoral Drive; David Medlin, 605 Montreux Avenue; Lola Lawrence, 4105 Greenway Court; Skip Kinch, 6202 Highland Hills; Bob and Tara Riley, 2600 Independence Road; Joe Rounkles, 6409 Regiment Place; John and Rachel Donnell, 5712 Sycamore Drive; Sophie and Juan Carlo Gulbranson, 2605 Independence Road; Salman and Nadia Arab, 2609 Independence Road; Brian Matlock, 2508 Independence Road; David Reed, 2613 Independence Road; Mark Gravit, 2608 Independence Road; Richard and Mary Ruocchio, 2516 Independence Road; Michael and Linda Cooper, 2604 Independence Road; Greg Reed, 2512 Independence Road; Natalie Genco, 1104 John McCain Road; Joel Stanley, 1609 Douglas Avenue; and Elizabeth Zeitlin, 1800 Glade Road. The following persons did not wish to speak, but wished to register their support: Wayne Maynard, 3004 Edgewood Lane; Matt and Payne LaPosta, 2203 Hawthorne Avenue; Chris and Debra Caffey, 1621 Fountain Pass Drive; Mark Caffey, 6480 Pool Road; Shawn and Amy Grant, 6600 Charleston Drive; There being no one else wishing to speak, Mayor Kelly closed the public hearing at 8:33 p.m. Mayor Kelly asked staff if this property is located in Neighborhood 4. Director Nusser replied yes. Mayor Kelly asked staff if Kimzey Park is located in Neighborhood 4. Director Nusser replied yes. Mayor Kelly asked staff about the approximate size of Kimzey Park. Director Nusser replied 28.49 acres. Mayor Kelly asked staff if Kimzey Park is a public park for anyone to use. Director Nusser replied correct. Mayor Kelly asked staff if the Land Development Code regulations, relative to lot configuration, allow for a single street. Director Nusser replied correct, feasibly. Mayor Kelly asked staff if the street is 1,200 linear feet. Director Nusser replied yes. Mayor Kelly asked staff if the maximum number of homes, with this configuration, would be 12. Director Nusser replied correct. Mayor Kelly asked staff about the density of this project. Director Nusser replied 1.46 gross. City Council Minutes January 19, 2016 City of Colleyville Page 9 Mayor Kelly asked staff if this request requires a supermajority vote. Director Nusser replied correct. Councilmember Short asked staff where the access point from Pool Road would be required. Public Works Director Jeremy Hutt replied staged intersections shall align with adjacent streets wherever possible. He stated if they want to off-set the alignment, a minimum of 135 feet of separation would be required. Councilmember Short asked staff if having the street in the middle of the property would allow for an open entry to the development. Director Hutt replied it would make it difficult to have lots adjacent to the frontage along Pool Road. Mayor Kelly asked staff if the street to the east is in Grapevine. Director Hutt replied correct. Mayor Kelly asked staff if there is a formal median in this area. Director Hutt replied there is a median to allow access in both directions in Grapevine; however, there is not a left-turn into the proposed development. He added this would be reviewed and considered, if necessary, at the time of development. Mayor Pro Tem Taylor asked staff if the street alignment would apply to Colleyville developments on Colleyville streets. Director Hutt replied correct. Mayor Pro Tem Taylor asked staff if this is a Grapevine street. Direct Hutt replied staff looks at it from a traffic standpoint, regardless of the city limit line. He added it is considered with traffic safety. Mayor Pro Tem Taylor asked staff if the developer has to adjust the entrance, would he lose some lots. Director Hutt replied it would be difficult to have the current lot configuration with the lot fronting Pool Road. He added the developer would have to meet the lot depth and width requirements of the R20 zoning district. Mayor Pro Tem Taylor stated there appears to be some hurdles with maintaining 12 lots, but the issue to consider tonight is just zoning. Director Hutt agreed. Councilmember Short asked staff if the property owner would be allowed to develop a single home, as a large estate lot, with the R20 zoning. Director Nusser replied yes. Councilmember Short asked staff what type of fencing would be allowed around the property. Director Nusser replied six foot would be the standard, but eight foot would be the maximum, depending of the location on the property. She stated it could be wrought iron, wood, or masonry, in some circumstances. She stated fencing along Pool Road may require the height to be lower. City Council Minutes January 19, 2016 City of Colleyville Page 10 Mayor Kelly asked staff if the Future Land Use Plan indicates this property as residential. Director Nusser replied correct. Mayor Kelly asked staff if the maximum density the developer can achieve on this property is 1.46. Director Nusser replied feasibly, with everything being considered, yes. Mayor Kelly made a motion to approve Ordinance O-16-1973. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Nancy Coplen Nay: 1 – Councilmember Chris Putnam 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA David Mullins, 5904 Bettinger Drive, spoke about civic responsibility and accountability by referencing and quoting scripture from the Bible. Kathy Hadley, 204 Timberline Drive North, spoke about the city manager’s responsibilities and sidewalks. Nelson Thibodeaux, 5612 Coventry Court, spoke about citizen frustrations, oversight in City administration, open records requests, and the filed citizen complaint. 7. REPORTS Parks and Recreation Advisory Board Meeting Minutes - October 12, 2015 Planning and Zoning Commission Meeting Minutes - November 9, 2015 Planning and Zoning Commission Meeting Minutes - December 14, 2015 Monthly Financial Report - December 2015 There was no discussion of this item. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 19, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3955 This resolution was not needed. City Council Minutes January 19, 2016 City of Colleyville Page 11 9. ADJOURNMENT There being no further business before the City Council, Councilmember Coplen motioned to adjourn. Mayor Kelly seconded. Mayor Kelly adjourned the meeting at 9:00 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 2ND DAY OF FEBRUARY 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary