HomeMy WebLinkAboutCity Council-Minutes-12/16/2010..,,~_,,,
_~r
:~~~'~ ~~fl:u
,,.,.,
City of Colleyville
Agenda
Clt)/ COUIICII
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, December 7, 2010
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Presentation of the CoStar Group Real Estate Database
PC-2 Discussion of potential refunding of General Obligation, Certificates of
Obligation, Tax Increment Financing, Municipal Drainage Utility Revenue
debt issues
PC-3 Discussion of five year utility rate plan
PC-4 Presentation of the Quarterly Investment Report
PC-5 Discussion of City Council Rules of Procedure
PC-6 Discussion of the December 7, 2010 City Council meeting regular
agenda items
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues
raised by public hearing or action items on the agenda
Section 551.071 - Legal - Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Section 551.071 - Legal - Discussion of pending litigation - Rahman
Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald
McFadden, Todd Hildebrandt, Scotty Graves and David Mertz
Section 551.071 - Legal - Discussion of pending litigation - Doug
Huseman v. City of Colleyville
Section 551.071 - Legal - Discussion pending litigation - Raman
Chandler Properties v. City of Colleyville
Cify of Colleyville Page 1 Printed on 12/3/2010
City Council Agenda December 7, 2010
Section 551.071(2) - Legal - Consultation with attorney regarding status
and terms of Franchise Agreement with Oncor
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 David Jung, Crown of Life Lutheran Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. OATH OF OFFICE - MAYOR FOR A DAY
City Secretary Cynthia Singleton will administer the Oath of Office to
Mayor for a Day Nicole Melcher.
3. EXECUTIVE SESSION:
RELATIVE TO ITEMS
R-10-3291
CONSIDER AND TAKE ANY ACTION(S) NECESSARY
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION
4. ANNOUNCEMENTS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of Nicole Melcher, Mayor For a Day - Mayor
David Kelly
Proclamation declaring December 13, 2010 as Thank a Teacher Day at
Colleyville Elementary School - Mayor for a Day Nicole Melcher and
Mayor David Kelly
Proclamation in recognition of U. S. Marine Corp Sergeant Tom
Dudziak, currently serving in Helmad Provence, Afghanistan - parents
David and Lauren Dudziak
City of Colleyville Page 2 Printed on 12/3/2010
City Council Agenda December 7, 2010
Proclamation in recognition of Rodney Cunningham and declaring
December 12, 2010, as Rodney Cunningham Day in the City of
Colleyville
Recognition of employees' years of service
Recognition of employee achievements
Presentation in recognition of receiving the Government Finance
Officers Association (GFOA) Certificate of Achievement for Excellence
in Financial Reporting for Fiscal Year ended September 30, 2009 - Terry
Leake, Assistant City Manager / Chief Financial Officer, Karen Hines,
Finance Manager and Debby Scott, Assistant to the Finance Manager
5. CONSENT: READING AND PUBLIC HEARING - Resolution R-10-3292
5a Approval of the minutes of the regular City Council meeting of November
16, 2010
6. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
6a 0-10-1783 Approval of a request for a Special Use Permit for a Package (liquor)
Store on Lot 1, Block 1, of the Tara Addition located at 1101
Cheek-Sparger Road, Suite 107A, Case ZC10-027
6b 0-10-1784 Approval of an amendment to the PUD development conditions for the
Village Front Door Addition zoned PUDC-Planned Unit Development
Commercial located at 5204 and 5232 Colleyville Boulevard, Case
ZC 10-028
6c 0-10-1786 Amending Section 1 of Ordinance 0-10-1770 relating to the Fiscal Year
2011 Drainage Utility Fund budget
7. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
7a 0-10-1787 Approval of amendments to Chapter 14 of the Code of Ordinances
regarding Animals
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
9. REPORTS:
Colleyville Center Advisory Committee Minutes - August 23, 2010
City of Colleyville Page 3 Printed on 12/3/2010
City Council Agenda December 7, 2010
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 7,
2010 - Reading and Public Hearing - Resolution R-10-3293
11. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
December 3, 2010, by 5:00 p. .
~- ~~ ' ~~~
Cynthia Singleton, TRMC, CMC
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened for public
comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 4 Printed on 12/3/2010
„ ,,
~~ - ~
,•:.,:
City of Colleyville
City Council Minutes
Clt~/ COUt1C11
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, December 7, 2010
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on December 7, 2010, by 5:35 p.m.
Mayor Kelly introduced and welcomed Mayor for a Day Nicole Melcher.
ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan
Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were
present. Mayor David Kelly, Mayor for a Day Nicole Melcher, City
Manager Jennifer Fadden, Assistant City Manager and Chief
Financial Officer Terry Leake, Police Chief Steve Dye, Police
Lieutenant Rodney Cunningham, Police Lieutenant Doug Cooper,
Fire Chief Russell Shelley, Community Development Director Ron
Ruthven, Library Director Mary Rodne, Human Resources Manager
Elise Welborn, Colleyville Center Manager Lin Przybyl, Economic
Development Director Marty Wieder, Communications and
Marketing Director Mona Gandy, Parks and Recreation Director
Monica Walsh, Finance Manager Karen Hines, Information Services
Manager Chris Pena, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
PC-1 Presentation of the CoStar Group Real Estate Database
Economic Development Director Marty Wieder introduced Mr. Trae
Williams, Account Executive, CoStar Real Estate Database and stated
CoStar's service will provide on-line real estate data for both existing
businesses and prospects.
Mr. Williams provided information regarding the CoStar Real Estate
database, CoStar's services and and illustrated the application of the
the service for economic development initiatives.
Economic Development Director Wieder stated the data will provide
comparables and communicate market realities to existing property
owners weighing either development, sale or lease of Colleyville
properties.
PC-2 Discussion of potential refunding of General Obligation, Certificates of
Obligation, Tax Increment Financing, Municipal Drainage Utility Revenue
debt issues
City of Colleyville Page 1 Printed on 12/15/2010
City Council City Council Minutes December 7, 2010
PC-3
PC-4
PC-5
Mr. Jim Sabonis of First Southwest, provided information regarding a
potential refunding of callable General Obligation, Certificates of
Obligation and Tax Increment Financing and Municipal Drainage Utility
Revenue debt issues and answered questions of the City Council.
Discussion of five year utility rate plan
Assistant City Manager and Chief Financial Officer Terry Leake provided
information regarding the Trinity River Authority (TRA) pass through rate
increase, the water rate structures of surrounding cities and stated the
increase will provide for funding the replacement of an aging system
infrastructure. Ms. Leake further stated due to the current and future
TRA rate increases, the current water and sewer rates do not meet the
required debt coverage ratio required by utility bond covenants. When
the debt coverage ratio is not met, the rating agencies can downgrade
the ratings on existing revenue bonds and future bonds cannot be sold
until the coverage ratio is met.
There was general discussion regarding the coverage ratio, the
difference between surrounding cities and Colleyville's rates, water
conservation efforts, the timeline of the proposed rate increase and the
process for notifying citizens of a rate increase.
City Manager Jennifer Fadden summarized the City Council direction to
eliminate the 2,000 gallons from the minimum bill, consider adjusting the
amount of the minimum bill if we can and absorbing as much of the pass
through with that as we can.
City Council determined the proposed water and sewer rate structure
should be placed on a future agenda as soon as possible for
consideration and citizens should be notified of the change in rates.
Presentation of the Quarterly Investment Report
Assistant City Manager and Chief Financial Officer presented the
quarterly investment report and answered questions of the City Council.
Discussion of City Council Rules of Procedure
Councilmember Muhm spoke regarding the process for requesting items
for future City Council agendas.
There was general discussion of the process as outlined in the City
Council Rules of Procedure for placing an item on the agenda.
City of Colleyville Page 2 Printed on 12/15/2010
City Council City Council Minutes December 7, 2010
PC-6 Discussion of the December 7, 2010 City Council meeting regular
agenda items
There was no discussion of the regular agenda items.
Mayor Kelly adjourned the Pre Council meeting at 6:45 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly, December 7, 2010, at 6:45 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, Mayor for a Day Nicole Melcher, City
Manager Jennifer Fadden, Assistant City Manager and Chief
Financial Officer Terry Leake, Police Chief Steve Dye, Police
Lieutenant Rodney Cunningham, Police Lieutenant Doug Cooper,
Fire Chief Russell Shelley, Community Development Director Ron
Ruthven, Library Director Mary Rodne, Human Resources Manager
Elise Welborn, Colleyville Center Manager Lin Przybyl, Economic
Development Director Marty Wieder, Communications and
Marketing Director Mona Gandy, Parks and Recreation Director
Monica Walsh, Finance Manager Karen Hines, Information Services
Manager Chris Pena, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues
raised by public hearing or action items on the agenda
Section 551.071 - Legal - Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Section 551.071 - Legal - Discussion of pending litigation - Rahman
Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald
McFadden, Todd Hildebrandt, Scotty Graves and David Mertz
Section 551.071 - Legal - Discussion of pending litigation - Doug
Huseman v. City of Colleyville
Section 551.071 - Legal - Discussion pending litigation - Raman
Chandler Properties v. City of Colleyville
City of Colleyville Page 3 Printed on 12/15/2010
City Council City Council Minutes December 7, 2010
Section 551.071(2) - Legal - Consultation with attorney regarding status
and terms of Franchise Agreement with Oncor
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 6:45 p.m. and reconvened at 7:42 p.m.
INVOCATION: Pastor David Jung, Crown of Life Lutheran Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. OATH OF OFFICE - MAYOR FOR A DAY
City Secretary Cynthia Singleton administered the Oath of Office to
Nicole Melcher, Mayor for a Day.
3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION
R-10-3291
This resolution was not needed.
4. ANNOUNCEMENTS AND PRESENTATIONS
Mayor David Kelly presented a Proclamation to Mayor for a Day Nicole
Melcher in recognition of composing the winning essay for the Mayor for
a Day contest.
Mayor for a Day Nicole Melcher presented a Proclamation to Principal
June Ritchlin, Colleyville Elementary School, declaring December 13,
2010, as Thank a Teacher Day.
Mayor Kelly presented a Proclamation to David and Lauren Dudziak in
recognition of their son, Sargeant Tom Dudziak, U.S. Marine Corp.
City of Colleyville Page 4 Printed on 12/15/2010
City Council City Council Minutes December 7, 2010
Mr. Dudziak expressed appreciation to the City Council for the
recognition and to the Colleyville Connection Group and the Colleyville
Chamber of Commerce for preparing care packages to send to the
troops.
Mayor Kelly recognized employees Chris Pena, Information Services;
Betty Guest, Police Department; Paula Pennington, Finance
Department; Natividad Hernandez, Public Works; Deon Dumas, Public
Works; and, Rodney Cunningham, Police Department, for years of
serviceRodney Cunningham for years of service as an employee and
expressed appreciation to the employees for years of service.
Mayor Kelly presented a Proclamation to Police Lieutenant Rodney
Cunningham in recognition of 35 years of service and named December
12, 2010, as Rodney Cunningham Day in Colleyville.
Lieutenant Cunningham expressed appreciation for the honor and stated
it is a privilege to serve the citizens of Colleyville.
Mayor Kelly recognized Amy Van Zandt, School Resource Officer, for
earning a Bachelor of Arts degree in Organizational Management.
Mayor Kelly recognized Steven Cherry, Project Inspector, for earning the
Floodplain Manager certification.
Mayor Kelly recognized Chuck Majors, Parks Superintendant, for being
named the Texas Recreation and Parks Society Parks Professional of
the Year.
Mayor Kelly recognized Terry Leake, Assistant City Manager and Chief
Financial Officer; Karen Hines, Finance Manager and Debby Scott,
Assistant to the Finance Manager, in recognition of receiving the
Government Finance Officers Association (GFOA) Certificate of
Achievement for Excellence in Financial Reporting.
Mayor Kelly expressed appreciation to the Finance Department
employees for excellent oversight of the City's finances.
5. CONSENT: READING AND PUBLIC HEARING - Resolution R-10-3292
5a Approval of the minutes of the regular City Council meeting of November
16, 2010
Mayor for a Day Nicole Melcher read Resolution R-10-3289 in its
entirety.
Mayor Kelly opened the public hearing.
City of Colleyville Page 5 Printed on 12/15/2010
City Council City Council Minutes December 7, 2010
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-10-3289.
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):
SECOND READING AND PUBLIC HEARING
6a 0-10-1783 Approval of a request for a Special Use Permit for a Package (liquor)
Store on Lot 1, Block 1, of the Tara Addition located at 1101
Cheek-Spar~er Road, Suite 107A, Case ZC10-027
Mayor for a Day Nicole Melcher read the caption of Ordinance
0-10-1783.
Mayor Kelly opened the public hearing.
Mr. Russell Carr, 4813 Park Bend, applicant, presented information
regarding the proposed package store.
There were no others present wishing to speak and Mayor Kelly closed
the public hearing.
Community Development Director Ron Ruthven provided information
regarding the history of the property and previous businesses in the
suite.
CouncilmemberTaylor moved to deny Ordinance 0-10-1783.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
6b 0-10-1784 Approval of an amendment to the PUD development conditions for the
Village Front Door Addition zoned PUDC-Planned Unit Development
Commercial located at 5204 and 5232 Colleyville Boulevard, Case
ZC 10-028
City of Colleyville Page 6 Printed on 12/15/2010
City Council City Council Minutes December 7, 2010
Mayor for a Day Nicole Melcher read the caption of Ordinance
0-10-1784.
6c 0-10-1786
Mayor Kelly opened the public hearing.
Mr. James T. Dreiling, 6308 Westcoat Drive, representing the applicant,
was present to answer questions of the City Council.
Ms. Tiffany Etheridge, 2807 Allen Street, Dallas, Texas, representing
Colleyville Family Medicine, requested approval of the proposed
ordinance.
Dr. Michael Bell, 6217 Juno, Fort Worth, Texas, representing Colleyville
Family Medicine, requested approval of the proposed ordinance.
Dr. Ty Bush, 804 Saxon Trail, Southlake, Texas, representing Colleyville
Family Medicine, spoke in favor of the proposed ordinance.
Mayor Kelly stated the following citizens wished to record support of the
proposed ordinance: Ms. Margaret Walter and Ms. Lorrie B. Hayes.
There were no others present wishing to speak and Mayor Kelly closed
the public hearing.
Community Development Director Ron Ruthven stated the ordinance
requires that Building C contain 100% of sales tax generating uses.
Mayor Pro Tem Ayers moved to approve Ordinance 0-10-1784.
Councilmember Hart seconded the motion.
Councilmember Wollin expressed appreciation to Colleyville Family
Medicine for wanting to stay in Colleyville.
The motion carried by the following vote:
Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
Amending Section 1 of Ordinance 0-10-1770 relating to the Fiscal Year
2011 Drainage Utility Fund budget
Mayor For a Day Nicole Melcher read the caption of Ordinance
0-10-1786.
Mayor Kelly opened the public hearing.
City of Colleyville Page 7 Printed on 12/15/2010
City Council City Council Minutes December 7, 2010
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Community Development Director Ron Ruthven stated the road should
be opened by December 20, 2010.
Mayor Kelly spoke regarding the repairs to Oak Knoll Road, the funding
process for the project and expressed appreciation to the Public Works
Department for the timeliness in completing the project.
Mayor Kelly moved to approve Ordinance 0-10-1786.
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
7. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
~a 0-10-1787 Approval of amendments to Chapter 14 of the Code of Ordinances
regarding Animals
Mayor for a Day Nicole Melcher read the caption of Ordinance
0-10-1787.
Police Chief Steve Dye provided information regarding the proposed
amendments to Chapter 14 of the Code of Ordinances regarding
animals and answered questions of the City Council.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. Tim Melcher, 102 Charlottesville Avenue, commended staff for
putting together the wonderful Holly Colley Holiday event and expressed
appreciation to Mayor Kelly for offering the Mayor For A Day contest and
showing students they can influence the world around them and to staff
for showing Mayor For A Day Nicole Melcher a wonderful time and a
positive educational experience in City government.
There were no others present wishing to speak concerning this item.
City of Colleyville Page 8 Printed on 12/15/2010
City Council City Council Minutes December 7, 2010
9. REPORTS:
Colleyville Center Advisory Committee Minutes - August 23, 2010
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 7,
2010 - Reading and Public Hearing - Resolution R-10-3293
This resolution was not needed.
11. 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 for a Day Nicole Melcher adjourned the meeting at 8:35 p.m.
Mayor Kelly stated the next City Council meeting will be held December
14, 2010.
APPROVED BY A VOTE OF ~~ AYES, ~_ NAYS AND O
ABSTENTIONS ON THIS THE 1~~ DAY OF 2010.
Minutes en and pre d by:
~ ~ ~
ynthia Singleton, TRMC, CM
City Secretary
City of Colleyville Page 9 Printed on 12/15/2010