HomeMy WebLinkAboutCity Council-Minutes-1/18/2011,.~~z,.`:.
City of Colleyville 100 Mlain Street
~~''~ FN~_ ~ Colleyville, Texas 76034
~~' Agenda ~ 817.503.1000
;;,~ ; www.colleyville.com
City Council
Tuesday, January 18, 2011 CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Presentation on health care reform legislation and the effect on the City
PC-2 Discussion of the establishment of an Architectural Review Commission
PC-3 Presentation of the Monthly Financial Report - December 2010
PC-4 Discussion of the January 18, 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 Colteyville, 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 551.074 - Personnel - Deliberate the appointment, employment,
evaluation and duties of the City Manager
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City Council Agenda January 18, 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 Martin Richardson, Crown of Life Lutheran 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-11-3310
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of the featured Colleyville business - Knobbies & Slicks,
8100 Precinct Line Road, Suite 110, Frank (Bud) and Debbie Zarsk,
owners
Presentation of award for the City of Colleyville's participation in the
Fiscal Year 2009-2010 Metroport Teen Court Program - Kristin White,
Metroport Teen Court Coordinator and Karen Hines, Finance Manager
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3311
4a Approval of the minutes of the regular City Council meeting of January
4, 2011
4b Authorizing the abandonment of a utility easement for Lot 9, Block 4 of
Ashmore Addition, and authorizing the city manager to execute the
agreement
4c Approval of the North Central Texas Major Case Investigative Team
(MCIT) Memorandum of Agreement, and authorize the city manager to
execute the agreement
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City Council Agenda January 18, 2011
5. ORDINANCE(S):
SECOND 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-11-3312 Authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to
negotiate an extension to the current electric supply and necessary
related services agreement with Next Era for a fixed price per KwH that
is lower than contract rates for 2011-2013
6b R-11-3313 Approval to establish the Architectural Review Commission
6c R-11-3314 Approval to pass through a water and sewer rate increase received by
the City of Colleyville from the Trinity River Authority
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
Zoning Board of Adjustment Minutes - December 8, 2010
Sign Board of Appeals Minutes - December 8, 2010
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 18,
2011 - Reading and Public Hearing - Resolution R-11-3315
City of Colleyville Page 3 Printed on 1/12/2011
City Council Agenda January 18, 2011
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
January 14, 2011, by 5~
~ ~~
~ ~
Cy hia 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 1/12/2011
~~~ ~~ City of Colleyville 100 Main Street
~ ~ Colleyville, Texas 76034
City Council Minutes 817.503.1000
"'"" www.colleyville.com
City Council
Tuesday, January 18, 2011 CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on J.anuary 18, 2011, at 5:50 p.m.
ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan
Hall, Tom Hart and Mike Taylor and 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, Police Lieutenant Doug Cooper,
Fire Chief Russell Shelley, Community Development Director Ron
Ruthven, City Engineer Jeremy Hutt, Library Director Mary Rodne,
Human Resources Manager Elise Welborn, Colleyville Center
Manager Lin Przybyl, Economic Development Director Marty
Wieder, Finance Manager Karen Hines, 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.
Mayor Pro Tem Jon Ayers was absent.
PC-1
Presentation on health care reform legislation and the effect on the City
Human Resources Manager Elise Welborn stated representatives from
Cooper Corporate Solutions will provide information regarding the
Patient Protection Affordable Care Act.
Mr. Rich Allen, Vice President of Risk Analytics at Cooper Corporate
Solutions, provided an overview of the Health Care Reform, the effect of
the legislation on the City and answered questions of the City Council.
Discussion ensued regarding the premise of the health care legislation,
expansion of service, plan structures and fee impact to the City and
employees for health care insurance.
City Council requested Cooper Corporate Solutions provide an update of
the Health Care Reform components in six months.
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City Council City Council Minutes January 18, 2011
PC-2
PC-3
PC-4
1.
Discussion of the establishment of an Architectural Review Commission
Economic Development Director Marty Wieder presented information
regarding the provision in the Economic Development Incentive
Guidelines and Criteria for the establishment of an Architectural Review
Commission, summarized the draft resolution and answered questions of
the City Council.
Discussion ensued regarding the reporting structure, scope of duties,
background and expertise of potential members and term limits of the
commission.
Director Wieder spoke regarding citizen interest in the Architectural
Review Commission.
Presentation of the Monthly Financial Report - December 2010
Finance Manager Karen Hines presented the December 2010 Monthly
Finance Report and answered questions of the City Council.
Discussion ensued regarding water usage, citations issued and the
Court of Record process.
Discussion of the January 18, 2011 City Council meeting regular agenda
items
Police Chief Steve Dye provided information regarding Consent Agenda
item 4c and stated the North Central Texas Major Case Investigative
Team (MCIT) is a pilot program to combine investigative resources from
Tarrant, Denton, Parker, Ellis, Wise and Johnson counties and the
Texas Rangers to investigate high profile criminal offenses, such as
homicides and kidnappings. Chief Dye provided information regarding
the City's participation and role in the program, the benefits of the
partnership and answered questions of the City Council.
Mayor Kelly adjourned the Pre Council meeting at 7:07 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly, on January 18, 2011, at 7:07 p.m.
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
City of Colleyville Page 2 Printed on 2/11/2011
City Council City Council Minutes January 18, 2011
ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan
Hall, Tom Hart and Mike Taylor and 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, Police Lieutenant Doug Cooper,
Fire Chief Russell Shelley, Community Development Director Ron
Ruthven, City Engineer Jeremy Hutt, Human Resources Manager
Elise Welborn, Economic Development Director Marty Wieder,
Finance Manager Karen Hines, 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.
Mayor Pro Tem Jon Ayers was absent.
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 551.074 - Personnel - Deliberate the appointment, employment,
evaluation and duties of the City Manager
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 551.74, Personnel, and Section
551.087, Economic Development. He further explained that there would
be no decisions made or action taken during this time. The meeting was
recessed at 7:07 p.m. and reconvened at 7:45 p.m.
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City Council City Council Minutes January 18, 2011
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-11-3310
This resolution was not needed.
INVOCATION: Pastor Martin Richardson, Crown of Life Lutheran Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Mayor Kelly invited citizens to attend the annual Open House and State
of the City meeting January 27, 2011, at the Colleyville Center, 5301
Riverwalk Drive. The Open House begins at 6:00 p.m., followed by the
State of the City program at 7:00 p.m. Mayor Kelly stated City Council
and staff will be available to talk with citizens and answer questions
during the Public Question and Answer session following the
presentation.
Mayor Kelly recognized the Colleyville business Knobbies & Slicks.
Ms. Kristin White, Metroport Teen Court Coordinator, presented an
award to the City of Colleyville for participation in and support of the
Teen Court program.
Finance Manager Karen Hines expressed appreciation for the award.
Mayor Kelly commended Ms. White and Ms. Hines for the oversight and
success of the Metroport Teen Court Program.
4. ~ CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3311
4a Approval of the minutes of the regular City Council meeting of January 4,
2011
4b Authorizing the abandonment of a utility easement for Lot 9, Block 4 of
Ashmore Addition, and authorizing the city manager to execute the
agreement
4c Approval of the North Central Texas Major Case Investigative Team
(MCIT) Memorandum of Agreement, and authorize the city manager to
execute the agreement
Mayor Kelly read Resolution R-11- 3311 in its entirety.
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Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Councilmember Wollin moved to approve Resolution R-11-3311.
Councilmember Hall seconded the motion.
The motion carried by the following vote:
Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom
Hart, Mike Taylor
Absent: 1 - Jon Ayers
5. ORDINANCE(S):
SECOND 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
Mayor Kelly read the caption of Ordinance 0-11-1788.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
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. In order for the City to 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.
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Ms. Leake stated the minimum bill has been effect since October 1989
and the City absorbed TRA rate increases.
Mayor Kelly moved to approve Ordinance 0-11-1788.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom
Hart, Mike Taylor
Absent: 1 - Jon Ayers
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-11-3312 Authorizing the Texas Coalition for Affordable Power, Inc. (TCAP) to
negotiate an extension to the current electric supply and necessary
related services agreement with Next Era for a fixed price per KwH that
is lower than contract rates for 2011-2013
Mayor Kelly read Resolution R-11- 3312 in its entirety.
Strategic Services Manager Eric Ellwanger provided information
regarding the Texas Coalition for Affordable Power, Inc., (TCAP) and an
overview of the proposed agreement with Next Era for long-term fixed
pricing per KwH that is lower than contract rates for 2011-2013. Mr.
Ellwanger further stated that analysts of population growth predict that
electricity rates may rise above current levels and going to the market
for pricing of powers after the 2013 agreement expires could result in
cities paying significantly higher rates for electricity 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.
Discussion ensued regarding current rates, current market rates, the
volatility of the utilities market and potential savings with the proposed
services agreement.
City Manager Jennifer Fadden stated this should be viewed as a ceiling
on what the City would pay for the next seven years. There might be
potential should the market really continue to decline beyond where it is
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City Council City Council Minutes January 18, 2011
now to look at a negotiation to lower rates. Of course, that would involve
a further extension in the number of years, but staff feels that in bringing
this to City Council, the City is locking in a ceiling and maybe not
necessarily a fixed price.
Mayor Kelly moved to approve Resolution R-11-3312.
Councilmember Muhm seconded the motion.
The motion carried by the following vote:
Aye: 5- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom
Hart
Nay: 1 - Mike Taylor
Absent: 1 - Jon Ayers
6b R-11-3313 Approval to establish the Architectural Review Commission
Mayor Kelly read Resolution R-11- 3313 in its entirety.
Economic Development Director Marty Wieder provided information
regarding the proposed Architectural Review Commission and
community interest in serving on the commission.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Councilmember Taylor moved to approve Resolution R-11-3313.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom
Hart, Mike Taylor
Absent: 1 - Jon Ayers
6c R-11-3314 Approval to pass through a water and sewer rate increase received by
the City of Colleyville from the Trinity River Authority
Mayor Kelly read Resolution R-11- 3314 in its entirety.
Assistant City Manager and Chief Financial Officer Terry Leake stated
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City Council City Council Minutes January 18, 2011
the City of Colleyville Water and Sewer Rate Procedure Manual allows
pass through of water and sewer rate increases by Trinity River Authority
(TRA). TRA is the City's sole provider of water and wastewater. In
Fiscal Year 2010, TRA increased the rate per thousand $.05 for water
and $.10 for wastewater. The increase is strictly a pass through rate
increase by TRA. The increases allow the City to meet the required debt
coverage ratio of 1.20 or the debt coverage ratio needed for the
approved Capital Improvement Program.
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-11-3314.
Councilmember Hart seconded the motion.
Councilmember Muhm stated, for the record, "I am not for rate increases
but this is for a pass through rate increase from TRA".
City Manager Jennifer Fadden stated the City provides information
regarding water conservation practices and tips on the City's web site
throughout the year and particularly during the the conservation period of
May through October.
The motion carried by the following vote:
Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom
Hart, Mike Taylor
Absent: 1 - Jon Ayers
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Ms. Cynthia Cruz, 1706 Tennison Parkway, Suite 150, stated she is a
licensed massage therapist and spoke regarding illegal activities of a
business located in the vicinity of her business, the efforts of the
Colleyville Police to curtail the illegal activities and requested stiffer
regulations for new businesses in Colleyville.
8. REPORTS:
Zoning Board of Adjustment Minutes - December 8, 2010
Sign Board of Appeals Minutes - December 8, 2010
There was no discussion of this item.
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City Council City Council Minutes January 18, 2011
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 18,
2011 - Reading and Public Hearing - Resolution R-11-3315
This resolution was not needed.
10. ADJOURNMENT:
There being no further business before the City Council, Councilmember
Muhm moved to adjourn and Councilmember Wollin seconded the
motion.
The motion carried by the following vote:
Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Tom
Hart, Mike Taylor
Absent: 1 - Jon Ayers
Mayor Kelly adjourned the meeting at 8:31 p.m.
APPROVED BY A VOTE OF AYES,
ABSTENTIONS ON THIS THE DAY OF
Minute en and p by:
nthia Singleton, TRMC, CMC
City Secretary
NAYS AND O
2011.
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