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HomeMy WebLinkAboutCity Council-Minutes-1/4/2011,.;~, ~,, ~:_~.. _ .~-~., ~. ~ ~, ~ ~ m -~~~•~.~;~ City of Colleyville Agenda Clt~/ COUnCII City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 4, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the establishment of an Architectural Review Commission PC-2 Discussion of the January 4, 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 - 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 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.076 - Deliberate security personnel, devices and audit 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 City of Colleyville Page 1 Printed on 12/28/2010 City Council Agenda January 4, 2011 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Drew Sherman, 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-11-3306 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of board, commission and committee members for years of service Proclamation in recognition of Kristi Isbell, City of Colleyville Employee of the Year - Mayor David Kelly Proclamation in recognition of the Colleyville Garden Club 50th Anniversary - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3307 4a Approval of the minutes of the regular City Council meeting of December 14, 2010 4b Approval to extend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium, and the City of Arlington, to seek federal grant-funding as a consortium to replace existing public safety radio systems; and extending the contract with Holland and Knight, LLP, a funding consultant, on behalf of NETCO, in the amount of $96,000 City of Colleyville Page 2 Printed on 12/28/2010 City Council Agenda January 4, 2011 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-11-1788 Amending Section 1, Section 2 and Section 8 of Ordinance 0-89-741 and Sections 3A and 3B of the Water and Sewer Policy and Procedure Manual of the City of Colleyville by increasing the minimum water bill and the minimum sewer bill to incorporate Trinity River Authority (TRA) rate increases on the first 2,000 gallons of water usage included in the minimum water bill and the first 2,000 gallons of sewer usage included in the minimum sewer bill and providing for future TRA rate increases to be passed through on the water and sewer minimum bill usage 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3308 Approval to amend and replace Resolution R-09-3183-, adopting Rules of Procedure related to Section VIII, Memorials, pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective date 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Parks and Recreation Advisory Board Minutes - May 3, 2010 Zoning Board of Adjustment Minutes - June 8, 2010 Sign Board of Appeals Minutes - September 14, 2010 Senior Center Advisory Committee Minutes - September 16, 2010 Library Board Minutes - October 11, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 4, 2011- Reading and Public Hearing - Resolution R-11-3309 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, December 30, 2010, by 5:00 p.m. City of Colleyville Page 3 Printed on 12/28/2010 City Council - Agenda January 4, 2011 . ~ G l ~'7U 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 12/28/2010 c.~, ~ ~,, ~_ ,~ ~~ ~ ., __ __,. ~.~::~w City of Colleyville Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 4, 2011 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 4, 2011, at 5:35 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart 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, Economic Development Director Marly Wieder, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Police Officer Raymon Cannon, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Mike Taylor was absent. PC-1 Discussion of the establishment of an Architectural Review Commission Economic Development Director Marty Wieder stated the new Economic Development Incentive Guidelines and Criteria adopted by City Council includes a matching grant program and the provision that all applications related to facade improvements or pole signage removal and replacement be reviewed by an Architectural Review Commission. Mr. Wieder spoke regarding the duties of the Architectural Review Commission and answered questions of the City Council. Discussion ensued regarding the criteria and agenda for the Architectural Review Commission, the local interest in serving on the commission and the scope of duties and responsibilities of the commission. City Manager Jennifer Fadden stated the commission would serve as an advisory body to the City Council and Director Wieder would serve as the ombudsman to work with the applicants. City of Colleyville Page 1 Printed on 1/19/2011 City Council City Council Minutes January 4, 2011 Discussion continued regarding the number of inembers, potential applicants and conflict of interest process and the purpose of an Architectural Review Commission in other cities. The City Council determined a discussion item regarding the establishment of an Architectural Review Commission should be placed on the January 18, 2011 Pre Council agenda, and a resolution for the consideration of establishing the commission should be placed on the January 18, 2011 City Council regular agenda. PC-2 Discussion of the January 4, 2011 City Council meeting regular agenda items Discussion ensued regarding the provision in the City Council Rules of Procedures related to the use of City equipment and personnel during funeral processions for community volunteers. Assistant City Manager and Chief Financial Officer Terry Leake stated with the adoption of Ordinance 0-11-1788, the Water and Sewer Policy and Procedure Manual will provide for increasing the water and sewer bill to incorporate the Trinity River Authority rate increases for treated water and sewer. 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 of 1.20 or the debt coverage ratio needed for the approved Capital Improvement Program (CIP), which is required by the City's bond covenants. Discussion ensued regarding the timeline for infrastruture improvements and the SH26 redevelopment project. City Manager Jennifer Fadden stated TxDOT is waiting to finalize the right-of-way acquisition in the second quarter of 2011 and when that process is complete and TxDOT owns all of the property, the franchise utilities will get underway with the relocations. Some of the utilities, such as Oncor, Atmos, Verizon and AT&T, do not have construction plans yet for the utility relocations. At the end of the month, staff will have another utility relocation meeting with TxDOT. The City's plans are about 95% complete and the City plans to go into construction and bid the project concurrently with the franchise utilities to minimize construction and traffic disruption. City Manager Fadden spoke regarding the use of an engineering firm for concurrent projects including the infrastructure assessment and the Impact Fee Schedule update. Mayor Kelly adjourned the Pre Council meeting at 6:01 p.m. City of Colleyville Page 2 Printed on 1/19/2011 City Council City Council Minutes January 4, 2011 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly, on January 4, 2011, at 7:35 p.m. Mayor Kelly wished everyone a Happy New Year and extended congratulations to Texas Christian University's football team for the Rose Bowl Championship. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart 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, Economic Development Director Marty Wieder, Police Officer Raymon Cannon, Communications and Marketing Director Mona Gandy, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Mike Taylor 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 - 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 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.076 - Deliberate security personnel, devices and audit City of Colleyville Page 3 Printed on 1/19/2011 City Council City Council Minutes January 4, 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, Section 551.076, Security, 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 6:02 p.m. and reconvened at 7:35 p.m. INVOCATION: Pastor Drew Sherman, 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-11-3306 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS PRESENTATIONS Mayor Kelly recognized Ms. Jan Fisher for service on the Colleyville Center Advisory Committee. Ms. Fisher stated she enjoyed serving on the committee. Mayor Kelly recognized Mr. Steve Dalri for service on the Parks and Recreation Advisory Board. Mr. Dalri stated he enjoyed working with Parks and Recreation Director Monica Walsh and board members. Mayor Kelly recognized Ms. Joyce Hammill for service on the SH26 Advisory Committee. Ms. Hammill expressed appreciation for the opportunity to serve on the committee. Mayor Kelly recognized Dr. John Vinings for service on the SH26 Advisory Committee. Mayor Kelly presented a Proclamation to Ms. Kristi Isbell in recognition as the City of Colleyville Employee of the Year. City of Colleyville Page 4 Printed on 1/19/2011 City Council City Council Minutes January 4, 2011 City Manager Jennifer Fadden expressed appreciation to Ms. Isbell for her dedication and service to the community and the Colleyville Public Library. Mayor Kelly presented a Proclamation to Carol Wollin and Barbara Nuss, Co-Chairs of the Colleyville Garden Club's 50th Anniversary event and members Barb Boerner, Marietta Kane, Susan Taylor, Joyce Hammill, Jan Fisher and Mary Beadles, in recognition of the Colleyville Garden Club's 50th Anniversary. Ms. Wollin, on behalf of the Colleyville Garden Club (CGC), expressed appreciation to the City Council and staff for the Proclamation and special recognition and stated the 50th Anniversary Celebration will be held January 5, 2011, and include a presentation of the Colleyville Garden Club's history. Ms. Wollin stated two things stood out during the research of the Club's history, the benefits of the cooperative ventures undertaken by the Club and City and the outstanding support of the community, especially of the annual Promenade Garden Tour. Mayor Kelly expressed appreciation to the Colleyville Garden Club for the beautification projects within the City. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3307 4a Approval of the minutes of the regular City Council meeting of December 14, 2010 4b Approval to extend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) Consortium, and the City of Arlington, to seek federal grant-funding as a consortium to replace existing public safety radio systems; and extending the contract with Holland and Knight, LLP, a funding consultant, on behalf of NETCO, in the amount of $96,000 Mayor Kelly read Resolution R-11-3307 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Resolution R-11-3307. Councilmember Wollin seconded the motion. -- . City of Colleyville Page 5 Printed on 1/19/2011 City Council City Council Minutes January 4, 2011 The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart Absent: 1 - Mike Taylor 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a p_11-1788 Amending Section 1, Section 2 and Section 8 of Ordinance 0-89-741 and Sections 3A and 3B of the Water and Sewer Policy and Procedure Manual of the City of Colleyville by increasing the minimum water bill and the minimum sewer bill to incorporate Trinity River Authority (TRA) rate increases on the first 2,000 gallons of water usage included in the minimum water bill and the first 2,000 gallons of sewer usage included in the minimum sewer bill and providing for future TRA rate increases to be passed through on the water and sewer minimum bill usage Mayor Kelly read the caption of Ordinance 0-11-1788. Assistant City Manager and Chief Financial Officer Terry Leake reviewed the Trinity River Authority's water and sewer rates, the history of the water and sewer rate structure and the proposed water and sewer rates. Ms. Leake further stated the current water and sewer rates do not meet the required debt coverage ratio of 1.20 or the debt coverage ratio necessary for the approved Capital Improvement Program. TRA provides a five-year outlook and is projecting TRA rates to increase over the next five years. So the City can have a financially stable utility fund and meet the City's debt obligations, staff is proposing to include future TRA rate increases in the first 2,000 gallons of water and sewer usage in the minimum bill. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Muhm stated the increase in the water and sewer rates will generate coverage to offset the increase in TRA rates for treated water and sewer and meet the required debt coverage ratio. Mayor Kelly stated the water and sewer rate increases highlights the importance of water conservation and it is predicted, with the area growth, water will be one of the most valuable commodities and rates will continue to increase. -_ Cify of Col/eyville Page 6 Printed on 1/19/2011 City Council City Council Minutes January 4, 2011 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-11-3308 Approval to amend and replace Resolution R-09-3183, adopting Rules of Procedure related to Section VIII, Memorials, pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective d ate Mayor Kelly read Resolution R-11-3308 in its entirety. Fire Chief Russell Shelley provided information regarding the proposed changes to Section VIII, Memorials, related to line of duty deaths as they pertain to Police Officers and Firefighters in the City. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-11-3308. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart Absent: 1 - Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Parks and Recreation Advisory Board Minutes - May 3, 2010 Zoning Board of Adjustment Minutes - June 8, 2010 Sign Board of Appeals Minutes - September 14, 2010 Senior Center Advisory Committee Minutes - September 16, 2010 Library Board Minutes - October 11, 2010 There was no discussion of this item. City of Colleyville Page 7 Printed on 1/19/2011 City Council City Council Minutes January 4, 2011 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 4, 2011- Reading and Public Hearing - Resolution R-11-3309 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn and Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart Absent: 1 - Mike Taylor Mayor Kelly adjourned the meeting at 8:03 p.m. APPROVED BY A VOTE OF ~ AYES, Q NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. Minutes t and pre ,.,_ . , Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 8 Printed on 1/19/2011