HomeMy WebLinkAboutCity Council-Minutes-2/9/2011,,, ,,,
City of Colleyville 100 Main Street
~~.~ ~~* ~~ Coileyville, Texas 76034
'~~~~-~'~'- ~ Ag e n d a 817. 503.1000
~,., ,. www.colleyville.com
City Council
Wednesday, February 9, 2011 CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of SH26 Reconstruction
PC-2 Discussion of Branding Logo and Tagline
PC-3 Presentation of the Quarterly Investment Report
PC-4 Update from City Attorney regarding gas well and pipeline issues,
including approved well sites
PC-5 Presentation and discussion of the Fiscal Year 2012 (FY 2012) City
Council budget calendar
PC-6 Presentation of the Quarterly Capital Project Update
PC-7 Discussion of the February 9, 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, Ronatd
McFadden, Todd Hildebrandt, Scotty Graves and David Mertz
Section 551.071 - Legal - Discussion of pending litigation - Doug
Huseman v. City of Colleyville
City of Colleyville Page 1 Printed on 2/4/2011
City Council Agenda February 9, 2011
Section 551.071 - Legal - Discussion pending litigation - Raman
Chandler Properties v. City of Colleyville
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
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor Foster Carter, 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 SESStON - Resolution
R-11-3316
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3317
Approval of the minutes of the regular City Council meeting of January
18, 2011
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a 0-11-1789 Authorizing the sale and issuance of $2,970,000 of General Obligation
Refunding Bonds, Series 2011 and providing for the redemption of the
obligations being refunded
5b 0-11-1790 Authorizing the sale and issuance of $5,390,000 of Combination Tax
and Tax Increment Revenue Refunding Bonds, Series 2011 and
providing for the redemption of the obligations being refunded
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City Council Agenda February 9, 2011
5c 0-11-1791 Authorizing the sale and issuance of $1,550,000 of Municipal Drainage
Utility Revenue Refunding Bonds, Series 2011 and providing for the
redemption of the obligations being refunded
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-11-3318 Approval of a request by Saint Mary's Romanian Orthodox Church for
the use of one portable building on Lot 1, Block 1, of the Saint Mary's
Addition located at 3711 Glade Road, Case GC10-005
6b R-11-3319 Approval of suspending the February 14, 2011 effective date of Oncor
Electric Delivery Company's requested rate change
6c R-11-3320 Consideration of appointment to the Tax Increment Financing District
Board of Directors
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
8. REPORTS:
Planning and Zoning Commission Minutes - November 8, 2010
9. ACTIONIRESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 9,
2011 - Reading and Public Hearing - Resolution R-11-3321
10. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
February 4, 011, by 5:~ ..
; . ~~ - ~~
~~
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 3 Printed on 2/4/2011
~~ City Hall
City of Colleyville 100 Main Street
~,~~ Y '~ Colieyville, Texas 76034
M i n utes 817. 503.1000
""' www.colleyville.com
Clt~/ COUI1C11
Wednesday, February 9, 2011 CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on February 9, 2011, at 5:37 p.m.
Mayor Kelly introduced and welcomed Commissioner Gary Fickes.
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, Library Director Mary Rodne, Finance Manager Karen
Hines, Economic Development Director Marty Wieder, Marketing
Coordinator Ashley Stathatos, City Engineer Jeremy Hutt, Human
Resources Manager Elise Welborn, Colleyville Center Manager Lin
Przybyl, Strategic Services Manager Eric Ellwanger, Information
Services Manager Chris Pena, City Attorney Matthew Boyle and City
Secretary Cynthia Singleton were also present.
PC-1 Discussion of SH26 Reconstruction
Community Development Director Ron Ruthven provided an update of
the SH26 reconstruction project and requested City Council direction on
proceeding with a Memorandum of Understanding with Tarrant County,
the North Central Texas Council of Governments (NCTCOG) and the
Texas Department of Transportation (TxDOT) on the reconstruction of a
northern segment of SH26 and answered questions of the City Council.
Discussion ensued regarding the construction funding sources for Phase
One from Brumlow/Pool Road to 1,000 feet south of John McCain Road.
City Manager Jennifer Fadden stated in the Tax Increment Financing
(TIF) District project plan where these funds are allocated, there is
$4.875 million specifically for the SH26 reconstruction. Then there is a
separate line item in the project plan for $220,000 for the
Tinker/Sanders intersection reconstruction. What NCTCOG has
requested is that, part of this agreement, should we move forward, is to
allocate all $5.075 million in total, that the City has set aside for the
project, to this particular segment. The City would need to consider a
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City Council Minutes February 9, 2011
potential amendment to the TIF project plan or potentially funding that
$227,000 in some other manner, on a temporary basis, until the project
plan can be amended to include that portion of the segment in the
reconstruction.
Discussion ensued regarding the distance of the Phase One segment
and funding options and timing for future reconstruction segments of
SH26.
Commissioner Gary Fickes provided information regarding funding
sources for the SH26 reconstruction project and efforts to extend the
project to completion and the cooperative efforts of Tarrant County,
NCTCOG, TxDOT and the City of Colleyville to fund and complete the
SH26 reconstruction project.
Discussion continued regarding impact of reconstruction on the traffic
flow and the type of replacement utility poles.
City Council determined that the Memorandum of Agreement should be
placed on a future City Council agenda for consideration and requested
staff provide information regarding previous City Council discussions of
the type of replacement utility poles for the SH26 reconstruction project.
PC-2 Discussion of Branding Logo and Tagline
Economic Development Director Marty Wieder provided information
regarding the development process for a branding logo and tagline,
presented proposed logo designs and taglines and requested City
Council direction.
Discussion ensued regarding the challenges of transferring the features
of the proposed logos to marketing items, clothing and business cards,
color scheme, content of logo and the value of retaining an updated
version of the current logo.
City Council requested staff provide updated prototypes of the current
logo, without a tagline, for City Council review and consideration.
PC-3 Presentation of the Quarterly Investment Report
Assistant City Manager Terry Leake presented the Quarterly Investment
Report and answered questions of the City Council.
Discussion ensued regarding portfolio diversification and earnings.
City of Colleyville Page 2 Printed on 2/18/2011
City Council Minutes February 9, 2011
PC-4 Update from City Attorney regarding gas well and pipeline issues,
including approved well sites
City Attorney Matthew Boyle reviewed the approval process for gas wells
and pipelines and answered questions of the City Council.
Community Development Director Ron Ruthven stated Energy Transfer
has not contacted the City of Colleyville for any necessary permits and
provided information regarding the status of the Titan drilling site and the
ambient air testing results.
PC-5 Presentation and discussion of the Fiscal Year 2012 (FY 2012) City
Council budget calendar
Strategic Services Manager Eric Ellwanger presented the proposed FY
2012 Budget Calendar and stated the date for the canvass of the
election results will be changed to May 24, 2011.
PC-6 Presentation of the Quarterly Capital Project Update
Strategic Services Manager Eric Ellwanger presented the Quarterly
Capital Project Update and answered questions of the City Council.
City Manager Jennifer Fadden stated it is anticipated the design on the
quad gate project and the Webb House Trail project wil occur this fiscal
year and, hopefully, construction in 2012.
City Manager Fadden stated the Pleasant Run Trail project is funded by
a North Central Texas Council of Governments (NCTCOG) grant and the
FY 2013 Colleyville Economic Development Corporation (CEDC)
budget.
City Manager Fadden stated the Pleasant Run Road and John McCain
Road project will not begin until after the the first phase of drilling is
complete. Staff does not want the intersection under construction while
the rigs are being moved in and out.
Community Development Director Ron Ruthven provided information
regarding the schedule and process for drilling and building pipelines
and stated Titan Operating is responsible for any damages to City roads.
City of Colleyville Page 3 Printed on 2/18/2011
City Council Minutes February 9, 2011
PC-7 Discussion of the February 9, 2011 City Council meeting regular agenda
items
Mr. Jim Sabonis, First Southwest and the City's Financial Advisor,
provided information related to City Council agenda items 5a, 5b, 5c,
regarding the sale and issuance of the refunding bonds process, market
conditions, reported the City received a"AAA" rating from Standard &
Poor's Ratings Service and Fitch Ratings and answered questions of the
City Council.
Discussion ensued regarding the potential buyers of the refunding
bonds.
Mayor Kelly adjourned the Pre Council meeting at 7:12 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on February 9, 2011, at 7:37 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, Economic Development Director Marty Wieder, Strategic
Services Manager Eric Ellwanger, 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
City of Colleyville Page 4 Printed on 2/18/2011
City Council Minutes February 9, 2011
Section 551.071 - Legal - Discussion pending litigation - Raman
Chandler Properties v. City of Colleyville
ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
INVOCATION: Councilmember Mike Taylor
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
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 551.087, Deliberate security
personnel, devices and audit, 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
7:13 p.m. and reconvened at 7:37 p.m.
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-11-3316
This resolution was not needed.
3.
4.
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
There were no announcements.
CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3317
Approval of the minutes of the regular City Council meeting of January
18, 2011
Mayor Kelly read Resolution R-11-3317 in its entirety.
Mayor Kelly opened the public hearing.
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City Council Minutes February 9, 2011
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Councilmember Wollin moved to approve Resolution R-11-3317.
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
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a 0-11-1789 Authorizing the sale and issuance of $2,970,000 of General Obligation
Refunding Bonds, Series 2011 and providing for the redemption of the
obligations being refunded
Mayor Kelly read the caption of Ordinance 0-11-1789.
Assistant City Manager and Chief Financial Officer Terry Leake stated, in
July, 2010, the City's Financial Advisor, First Southwest, presented to
City Council the potential to refund some 2001 General Obligation Bonds
and 2002 Certificates of Obligation and outstanding bonds. It is currently
estimated that the City can refund these at a potential savings of 3% or
greater. The bonds will be sold next Tuesday on February 15, 2011, and
the results of the refunding will be presented to City Council at that time.
As was stated earlier this evening in Pre Council, market conditions
could improve or deteriorate and in the event that this transaction does
not meet a threshold of 3%, it could be put on hold for a period of time.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Ms. Leake reported the current present day savings is estimated to be
approximatley 3%, which is the threshold and means that potentially
over the life of this issue, the City would save over $90,000 and stated
the bonds mature in 2020 and 2021.
5b 0-11-1790 Authorizing the sale and issuance of $5,390,000 of Combination Tax and
Tax Increment Revenue Refunding Bonds, Series 2011 and providing for
the redemption of the obligations being refunded
Mayor Kelly read the caption of Ordinance 0-11-1790.
City of Colleyville Page 6 Printed on 2/18/2011
City Council Minutes February 9, 2011
Assistant City Manager and Chief Financial Officer stated the analysis
was completed by the City's Financial Advisor First Southwest and there
is the potential to refund the bonds, which is a little over 7.3% savings. It
is estimated that the City could save about $400,000 on these bonds.
Both bonds, this one and the prior issue are ad valorem tax base bonds
and the City had the AAA rating affirmed by both Standard & Poor's and
Fitch rating agencies on the City's outstanding ad valorem outstanding
debt.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
5c 0-11-1791 Authorizing the sale and issuance of $1,550,000 of Municipal Drainage
Utility Revenue Refunding Bonds, Series 2011 and providing for the
redemption of the obligations being refunded
Mayor Kelly read the caption of Ordinance 0-11-1791.
Assistant City Manager and Chief Financial Officer Terry Leake stated
this is another refunding opportunity presented by First Southwest to the
City. The City is refunding the outstanding callable debt that was bonds
that were used to do drainage utility system improvements throughout
the City. Again, these bonds are not being extended in maturity, they
are just being refunded at a lower rate and, currently, the bonds are
estimated to have a present value savings of approximately $84,000.
However, this bond because it is not a large issue will be competitively
bid to banks and could result in a slightly higher net present value
savings at the time of the sale.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Councilmember Wollin stated that with the refunding of the three bonds,
the City will save the taxpayers over half a million dollars.
Mayor Kelly expressed appreciation to Financial Advisor Jim Sabonis for
identifying this opportunity for the City.
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City Council Minutes February 9, 2011
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-11-3318 Approval of a request by Saint Mary's Romanian Orthodox Church for
the use of one portable building on Lot 1, Block 1, of the Saint Mary's
Addition located at 3711 Glade Road, Case GC10-005
Mayor Kelly read Resolution R-11-3318 in its entirety.
Community Development Director Ron Ruthven provided an overview of
the request by Saint Mary's Romanian Orthodox Church for the use of a
portable building at 3711 Glade Road, reviewed staff recommendations
and provided information on past portable building cases.
Mayor Kelly opened the public hearing.
Mr. Mike Roberts, 1604 Fuqua Drive, Flower Mound, Texas,
representing Saint Mary's Romanian Orthodox Church, spoke regarding
the planned use of the portable building, plans for a permanent building,
occupancy rate of the portable building and number of students in class.
There were no others present wishing to speak and Mayor Kelly closed
the public hearing.
Community Development Director Ron Ruthven provided statistics of
prior portable building cases.
Discussion ensued regarding the time period for portable buildings
located in the City, configuration and floor plan of the proposed portable
building, location of the portable building and occupancy load.
Mr. Roberts provided information regarding the church's plans for
building a permanent structure within five years.
Fire Chief Russell Shelley provided information regarding the process for
determining the occupancy load of a structure.
Community Development Director Ruthven stated the building official
determines the occupancy load for a building based on square footage in
conjunction with the occupancy class rating and stated the number is not
based soley on the building plans.
Discussion continued regarding the appropriate use and location of the
proposed structure.
Mayor Kelly moved to deny Resolution R-11-3318, without prejudice.
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City Council Minutes February 9, 2011
Councilmember Muhm seconded the motion.
Mayor Kelly stated the denial of the request without prejudice allows the
applicant to resubmit the request at any time.
The motion carried by the following vote:
Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
6b R-11-3319 Approval of suspending the February 14, 2011 effective date of Oncor
Electric Delivery Company's requested rate change
Mayor Kelly read Resolution R-11-3319 in its entirety.
Strategic Services Manager Eric Ellwanger provided information
regarding the request of suspending the February 14, 2011 effective
date of Oncor Electric Delivery Company's requested rate change, stated
the company is requesting the City to approve a 14.6% increase in
residential rates, a 15.5% increase in commercial rates and a 25.9%
increase in street lighting rates and answered questions of the City
Council.
Mayor Kelly opened the public hearing.
Mr. Don Perfect, Oncor, 2525 West Story Road, Irving, Texas, indicated
support of the proposed resolution.
There were no others present wishing to speak and Mayor Kelly closed
the public hearing.
Discussion ensued regarding the amount of the annual rate increase.
Mayor Kelly moved to approve Resolution R-11-3319.
Councilmember Muhm 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
6c R-11-3320 Consideration of appointment to the Tax Increment Financing District
Board of Directors
Mayor Kelly read Resolution R-11-3320 in its entirety.
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City Council Minutes February 9, 2011
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Mayor Kelly opened the floor for nominations.
Mayor Kelly nominated Mr. Truitt Leake for appointment to the Tax
Increment Financing District Board of Directors.
There were no other nominations.
Mayor Kelly moved to approve Resolution R-11-3320, appointing Mr.
Truitt Leake to the Tax Increment Financing District Board of Directors.
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
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
8. REPORTS:
Planning and Zoning Commission Minutes - November 8, 2010
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 9,
2011 - Reading and Public Hearing - Resolution R-11-3321
There was no action taken on this item.
10. ADJOURNMENT:
There being no further business before the City Council, Councilmember
Muhm moved to adjourn and Councilmember Wollin seconded the
motion.
City of Colleyville Page 10 Printed on 2/18/2011
City Council Minutes February 9, 2011
The motion carried by the following vote:
Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly adjourned the meeting at 8:26 p.m.
APPROVED BY A VOTE OF ~ AYES, ,~ NAYS AND ~
ABSTENTIONS ON THIS THE !S DAY OF 2011.
Minutes t n and pr ,
~~~ ~
C nthia ingleton, TRMC, CMC
City Secretary
City of Colleyville Page 11 Printed on 2/18/2011