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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 City of Colleyville Page 2 Printed on 2/4/2011 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 City of Colleyville Page 1 Printed on 2/18/2011 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. City of Colleyville Page 5 Printed on 2H8/2011 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. City of Colleyville Page 7 Printed on 2/18/2011 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. City of Colleyville Page 8 Printed on 2/18/2011 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. City of Colleyville Page 9 Printed on 2/18/2011 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