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HomeMy WebLinkAboutCity Council-Minutes-06/07/2011L'~F' ~~l ~ ~ r~.K.,y City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 7, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Matching Grant Incentive Program PC-2 Presentation of a Citywide Technology Strategic Plan PC-3 Presentation of the 2011 Compensation Analysis PC-4 Discussion of the June 7, 2011, City Council meeting regular agenda items CITY COUNCIL PORTRAIT SITTING 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 - 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 of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, lease, exchange or value of real property - Mineral Rights Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities City of Colleyville Page 1 Printed on 6/1/2011 City Council Agenda June 7, 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 Matthew LaGrange, 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-11-3365 3. OATH OF OFFICE Administration of the Oath of Office to Councilmember Stan Hall, Place 3, and Councilmember Jody Short, Place 4 4. RECEPTION FOR CITY COUNCIL Reception for Councilmember Stan Hall, Place 3, and Councilmember Jody Short, Place 4 5. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 6. ELECTION OF MAYOR PRO TEM Election of Mayor Pro Tem 7. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3366 7a Approval of the minutes of the regular City Council meeting of May 17, 2011 7b Approval of the minutes of the special City Council meeting of May 20, 2011 -_ City of Colleyville Page 2 Printed on 6/1/2011 City Council Agenda June 7, 2011 8. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 8a 0-11-1794 Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004 8b 0-11-1795 Approval of a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit for a Package (Liquor) Store on 1.2 acres at Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC11-007 8c 0-11-1796 Approval of an Ordinance amending Chapter 38 of the Code of Ordinances regarding alarm system permits and fees . 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-11-1797 Approval of a negotiated agreement between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company LLC, regarding the company's application to increase electric rates 10. RESOLUTION(S) READING AND PUBLIC HEARING 10a R-11-3367 Approval of a Contract with PMAM Corporation for Alarm Management 10b R-11-3368 Consideration of appointment to the Colleyville Economic Development Corporation 10c R-11-3369 Consideration of appointment to the Audit Committee 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 12. REPORTS: Library Board Minutes - March 28, 2011 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 7, 2011 - Reading and Public Hearing - Resolution R-11-3370 14. ADJOURNMENT: City of Colleyville Page 3 Printed on 6h/2011 City Council Agenda June 7, 2011 I hereby certify the abov ~d was posted on the bulletin boards at City Hall on Thursday, June 2, 2011, by 5:00 .m. . ~„/ ~"~ 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 6H/2011 .,~ ~. ~ ~ ___-- r<,,.,~ City of Colleyville Minutes City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 7, 2011 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 7, 2011, at 5:37 p.m. PC-1 ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor 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, City Engineer Jeremy Hutt, Economic Development Director Marty Wieder, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, Assistant to the Finance Manager Debby Scott, 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. Discussion of the Matching Grant Incentive Program Councilmember Mike Taylor spoke regarding the Economic Development Incentive Guidelines and Criteria related to building interior improvements and matching grants. Discussion ensued regarding the level of economic development incentives for retail reuse. Economic Development Director Marty Wieder spoke regarding economic development incentive programs of surrounding cities and the purpose and objectives of the City's economic development incentive guidelines and criteria. Discussion ensued regarding the use of the matching grants for interior facility improvements, the criteria for obtaining a matching grant, the definition of a destination restaurant and a matching grant tiered structure payment. Cify of Colleyville Page 1 Printed on 6/22/2011 City Council Minutes June 7, 2011 City Council requested the City of Colleyville Incentive Guidelines and Criteria, Section 4, Matching Grants, Item 3, define the terms "destination restaurant" and "destination retailer", establish criteria, that must be met to be designated a destination restaurant or retailer and place and item on a future Pre Council agenda for discussion of the modifications. PC-2 PC-3 PC-4 Presentation of a Citywide Technology Strategic Plan Information Systems Manager Chris Pena reviewed the Citywide Technology Strategic Plan, trends and emerging technologies and answered questions of the City Council. Discussion ensued regarding a disaster recovery plan, audio and video broadcast content management system, expansion of GIS Operations, Citywide telephone system replacement and equipment leasing versus purchasing. Discussion continued regarding a timeline for implementation, cost and lifespan of a new telephone system. Information Systems Manager Chris Pena spoke regarding the establishment and charge of an Information Systems Management Governance Committee consisting of seven directors. Presentation of the 2011 Compensation Analysis It was determined this item would be placed on the June 21, 2011 Pre Council agenda for discussion. Discussion of the June 7, 2011, City Council meeting regular agenda items There was no discussion of the regular agenda items. Mayor Kelly adjourned the Pre Council meeting at 6:58 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 7, 2011, at 7:58 p.m. Cify of Colleyville Page 2 Printed on 6/22/2011 City Council Minutes June 7, 2011 ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor, Jody Short 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, City Engineer Jeremy Hutt, Economic Development Director Marty Wieder, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Finance Manager Karen Hines, Assistant to the Finance Manager Debby Scott, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, Office Assistant Joyceinne Williams, Assistant City Secretary Christine Loven, 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 - 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 of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, lease, exchange or value of real property - Mineral Rights 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 City of Colleyville Page 3 Printed on 6/22/2011 City Council Minutes June 7, 2011 D, Section 551.071, Legal, Section 551.072, Real Estate, 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 6:59 p.m. and reconvened at 7:58 p.m. INVOCATION: Pastor Matthew LaGrange, 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-11-3365 This resolution was not needed. 3. OATH OF OFFICE The Oath of Office was administered to Councilmember Stan Hall and Councilmember Jody Short by City Secretary Cynthia Singleton. 4. RECEPTION FOR CITY COUNCIL Mayor Kelly recessed the meeting at 8:05 p.m. for a reception for Councilmembers Stan Hall and Jody Short and reconvened at 8:24 p.m. Mayor Kelly expressed appreciation to Mayor Pro Tem Ayers for his service on the City Council. Mayor Kelly congratulated Councilmember Hall on re-election and welcomed Councilmember Short. 5. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin stated, the first in a series of Concerts on the Green, in front of City Hall, was held on Saturday and expressed appreciation to the bands providing entertainment and to Baylor Regional Medical Center as a sponsor of the event. Councilmember Wollin invited the public to the Red, White and Sousa event, featuring the Fort Worth Symphony Orchestra brass ensemble, on July 1, 2011, at 8:00 p.m. on the Green in front of City Hall. City of Colleyville Page 4 Printed on 6/22/2011 City Council Minutes June 7, 2011 Councilmember Wollin announced the Colleyville Public Library Grand Re-opening was held Monday, June 6, 2011, with over 1,100 in attendance and included ribbon cuttings for the storytime area, special teen area and second floor area. Councilmember Wollin commended the library staff for coordination of the event and having such a wonderful library. 6. ELECTION OF MAYOR PRO TEM Mayor Kelly stated the Mayor Pro Tem is elected annually and opened the floor for nominations. Mayor Kelly nominated and moved to elect Councilmember Hart as Mayor Pro Tem. Councilmember Taylor seconded the motion. Mayor Kelly opened the floor for additional nominations. Councilmember Hall nominated Councilmember Muhm. There were no other nominations. Mayor Kelly stated a vote would be taken for each nominee. Mayor Kelly called for the vote for the nomination of Councilmember Hart as Mayor Pro Tem. The motion carried by the following vote: Aye: 5- David Kelly, Carol Wollin, Jody Short, Tom Hart, Mike Taylor Nay: 2- Michael Muhm, Stan Hall Mayor Kelly called for the vote for Councilmember Hart as Mayor Pro Tem. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 7. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3366 la Approval of the minutes of the regular City Council meeting of May 17, 2011 City of Colleyville Page 5 Printed on 6/22/2011 City Council Minutes June 7, 2011 7b Approval of the minutes of the special City Council meeting of May 20, 2011 Mayor Kelly read Resolution R-11-3366 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 Wollin moved to approve Resolution R-11-3366. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 8. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 8a 0-11-1794 Approval of a request for a Special Use Permit for a Package (Liquor) Store on Lot 5A, Block 2, of the Andy Felps Addition located at 4205 Colleyville Boulevard, Case ZC11-004 Mayor Kelly read the caption of Ordinance O-11-1794. Community Development Director Ron Ruthven stated the applicant provided a landscape plan, which is included in the City Council briefing and reviewed the recommendations of the Planning and Zoning Commission. Mayor Kelly opened the public hearing. Mr. Lanny Wilkinson, 3724 Lakeridge Drive, Grapevine, Texas, spoke regarding changes to the exterior of the building, history of the business and answered questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding proposed changes to the building, the delivery area and entrance location. Police Chief Steve Dye spoke regarding the egress and ingress points to City of Colleyville Page 6 Printed on 6/22/2011 City Council Minutes June 7, 2011 the building, visibility into building and security cameras. Mayor Pro Tem Hart moved to deny Ordinance 0-11-1794, without prejudice. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 8b 0-11-1795 Approval of a request for a zoning change from R40-Single Family Residential to CC2-Shopping Center and a request for a Special Use Permit for a Package (Liquor) Store on 1.2 acres at Tract 1 D, Abstract 1154, of the R.N. McEwing Survey located at 8070 Precinct Line Road, Case ZC 11-007 Mayor Kelly read the caption of Ordinance 0-11-1795. Mayor Kelly opened the public hearing. Mr. Mark Stacy, 412 South Jefferson, Pilot Point, Texas, applicant, spoke regarding egress and ingress to the proposed package store, the building exterior materials and building security. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Hart moved to approve Ordinance 0-11-1795. Mayor Kelly seconded the motion and added a friendly amendment: Section 4 1. General d. The business name for the package store shall be Fossil Creek Spirits and the name shall be reflected in the signage and the sign exhibit. Mayor Pro Tem Hart accepted the friendly amendment. The motion carried by the following vote: Aye: 4- David Kelly, Carol Wollin, Jody Short, Tom Hart Nay: 3- Michael Muhm, Stan Hall, Mike Taylor 8c 0-11-1796 Approval of an Ordinance amending Chapter 38 of the Code of Ordinances regarding alarm system permits and fees Mayor Kelly read the caption of Ordinance 0-11-1796. City of Colleyville Page 7 Printed on 6/22/2011 City Council Minutes June 7, 2011 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Police Chief Steve Dye stated the ordinance is being updated with the false alarm schedule and outlined circumstances that constitutes a false alarm. Councilmember Hall moved to approve Ordinance 0-11-1796. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-11-1797 Approval of a negotiated agreement between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company LLC, regarding the company's application to increase electric rates Mayor Kelly read the caption of Ordinance 0-11-1797. Strategic Services Manager Eric Ellwanger provided information regarding a negotiated agreement between the Steering Committee of Cities Served by Oncor and Oncor Electric Delivery Company LLC, regarding the company's application to increase electric rates Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City Attorney Matthew Boyle stated, "the steering committees that the City has worked with over the years have gotten just as good and sophisticated at approaching and litigating these matters as the utility has and it is through the collective forces and combined resources of the City side of the docket that has allowed these items to reach much more favorable outcomes for the cities without both sides sustaining unnecessary rate litigation expenses, that in the end, are always assumed and paid by the customers. So the long standing dance of the utility asking for what the public would legitimately see as an exorbitant request being whittled down, in cases like this is being whittled down on City of Colleyville Page 8 Printed on 6/22/2011 City Council Minutes June 7, 2011 a sound and hard fought basis as a result of the collective approaches by the cities. So, there is definitely a benefit to both Colleyville and your partners on the steering committee to look at a resolution at this point because (1) it is a significant decrease over their original ask (2) it brings closure and (3) that closure forestalls both the risk of the outcome, which historically has not been terribly favorable at the commission and to the corresponding expenses of that litigation regardless of its outcome because both sides expenses are assumed by rate payers." Discussion ensued regarding the rate structure and the last Oncor rate increase. Mr. Don PerFect, Oncor representative, spoke regarding Oncor's corporate structure. Councilmember Muhm requested staff provide the date and amount of the last increase by Oncor. 10. RESOLUTION(S) READING AND PUBLIC HEARING 10a R-11-3367 Approval of a Contract with PMAM Corporation for Alarm Management Mayor Kelly read Resolution R-11-3367 in its entirety. Police Chief Dye provided information regarding the proposed contract with PMAM Corporation for alarm management and reviewed the benefits of contracting with PMAM. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the projected revenue and the efficiencies of contracting for alarm management. Mayor Kelly expressed appreciation to Police Chief Dye for the proposed partnership with an alarm management corporation. Mayor Kelly moved to approve Resolution R-11-3367. Councilmember Muhm seconded the motion. City of Colleyville Page 9 Printed on 6/22/2011 City Council Minutes June 7, 2011 The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 10b R-11-3368 Consideration of appointment to the Colleyville Economic Development Corporation Mayor Kelly read Resolution R-11-3368 in its entirety. 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 to the Colleyville Economic Development Corporation. Councilmember Muhm nominated Councilmember Hall and moved to approve Resolution R-11-3368, appointing Councilmember Hall to the Colleyville Economic Development Corporation Board. Councilmember Hart seconded the motion. There were no other nominations and Mayor Kelly called for the vote. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 10c R-11-3369 Consideration of appointment to the Audit Committee Mayor Kelly read Resolution R-11-3369 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly ctosed the public hearing. Mayor Kelly opened the floor for nominations to the Audit Committee. Councilmember Muhm nominated Councilmember Hall and moved to approve Resolution R-11-3369, appointing Councilmember Hall to the Audit Committee. City of Colleyville Page 10 Printed on 6/22/2011 .City Council Minutes June 7, 2011 Mayor Pro Tem Hart seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 12. REPORTS: Library Board Minutes - March 28, 2011 There was no discussion of this item. 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 7, 2011 - Reading and Public Hearing - Resolution R-11-3370 This resolution was not needed. 14. ADJOURNMENT: There being no further business before the City Council, Councilmember Short moved to adjourn and Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor Mayor Kelly adjourned the regular meeting at 9:25 p.m. APPROVED BY A VOTE OF _~ AYES, O NAYS AND O ABSTENTIONS ON THIS THE o2.,! S~' DAY OF 2011. Minutes t and pre ared b ~ Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 11 Printed on 6/22/2011