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HomeMy WebLinkAboutCity Council-Minutes-9/7/2011`'`'' C~~ ~f ~+~~~e~/~~~e 100 ainStreet Coileyville, Texas 76034 Agenda 8». sos.,ooo ~,x~ www.colieyville.com City Council Tuesday, August 16, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTtVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of Colleyville Center Annual Fee Review - Fiscal Year 2012 PC-2 Presentation of the Quarterly Performance Management Report PC-3 Presentation of the Quarterly Capital Projects Update PC-4 Discussion of the Fiscal Year 2012 (FY 2012) proposed budget PC-5 Presentation of the Quarterly Investment Report PC-6 Presentation of the Monthly Financial Report - July 2011 PC-7 Discussion of the August 16, 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 - 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 Clty of Colleyvllle Page 1 Prlnted on 8/1?/2011 City Council Agenda August 16, 2011 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.074 - Personnel - Discussion of the appointment and duties of the Planning and Zoning Commission and Zoning Board of Adjustment 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 Michael Hatcher, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSII~ER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISGUSSED IN EXECUTIVE SESSION - Resolution R-11-3389 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Cameron Caudle, for earning the rank of Eagle Scout - Mayor David Kelly In recognition of the featured Colleyville business - Rockin' Haute Consignment Shop, 88 Village Lane, Theresa Russell, owner 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3390 4a Approval of the minutes of the regular City Council meeting of August 2, 2011 4b Appointment of an Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System 4c Approval of Broker/Dealer ~rms for investment purchases City of Colleyvllle Page 2 PHnted on 8H2/2011 City Council Agenda August 16, 2011 4d Approval of an Interlocal Agreement befinreen the City of Colleyville and the City of Plano to allow Colleyville to purchase fuel for City vehicles through a contract between the City of Plano and Mansfield Oil Company and other goods and services that may be of mutual benefit to either City, and authorize the city manager to execute the agreement 4e Approval to authorize the settlement of Raman Chandler Properties v. City of Colleyville as briefed in Executive Session 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1800 Approval of a request to rezone Lots 1-16, Block 1 of the Colleyville Heights Addition from R10-Single Family Residential to PUD-R-Planned Unit Development Residentiat located in the 800 block of Regina Court and 5408 South Drive, Case ZC 11-008 5b 0-11-1801 Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC11-010 5c 0-11-1802 Approval of a negotiated resolution befinreen the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's fourth Rate Review Mechanism (RRM) 5d 0-11-1803 Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case ZC11-014 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1804 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 ZC11-013 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-71-3391 Approval of ambulance billing guidelines for ADPI-Intermedix, Inc. 7b R-11-3392 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2012 at $.3559 per hundred dollars of valuation 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Clty of Colleyvllle Pape 3 Prlnted on 8/12/2011 City Council Agenda August 16, 2011 9. REPORTS: Colleyville Center Advisory Committee Minutes - February 21, 2011 Architectural Review Commission Minutes - April 20, 2011 Colleyville Public Library Board Minutes - May 9, 2011 Sign Board of Appeals Minutes - May 10, 2011 Colleyville Center Advisory Committee Minutes - May 23, 2011 Zoning Board of Adjustment Minutes - June 14, 2011 Planning and Zoning Commission Minutes - July 25, 2011 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACT14N FOR THE MEETING OF AUGUST 16, 2011 - Reading and Public Hearing - Resolution R-11-3393 ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 12, 2~1y by ~'p~n~ ~ G~ 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 ColleyvlHs Page 4 Printed on 8H2/2011 ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 • M i n utes s 17. 503.1000 '~~~ www.colleyville.com City Council Tuesday, August 16, 2011 CITY COUNCIL CHAMBERS The Pre Council meeting of the City Council was called to order by Mayor David Kelly on August 16, 2011, at 5:36 p.m. ROLL CALL: Councilmembers Michael Muhm, Stan Hall, Jody Short, Mike Taylor and Mayor Pro Tem Tom Hart were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief David James Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Economic Development Director Mariy Wieder, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Communications and . Marketing Director Mona Gandy, Parks and Recreation Director • Monica Walsh, Strategic Services Manager Eric Ellwanger, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Carol Wollin arrived at 6:42 p.m. PC-1 Presentation of Colleyville Center Annual Fee Review - Fiscal Year 2012 Colleyville Center Manager Lin Przybyl presented the Fiscal Year 2012 Colleyville Center annual fee review, the benchmarking sunrey of four locally owned private or managed facilities and the recommendations for the proposed fee schedules and policy and answered questions of the City Council. Community Center Manager Przybyl introduced Colleyville Center Advisory Committee and subcommittee members John Gray, Deanna Dendy, Paul Vigiletti and Mark Johnson. Discussion ensued regarding the fee schedule and difference in week day and weekend rental rates. • Mr. Mark Johnson provided information regarding strategies for increasing the use of the facility on weekends. Clty of Colleyvflle Page 1 PNnted on 9!7/2011 City Council Minutes August 16, 2011 ~ Discussion continued regarding incentives to encourage the use of Colleyville vendors and operational costs. Councilmember Hall expressed appreciation to the Colleyville Center Advisory Committee and Subcommittee members for the fee structure analysis and recommendations. Colleyville Center Manager Przybyl spoke regarding the support and contributions to the Center by nonprofit groups. Councilmember Muhm requested staff provide a utilization study of the Colleyville Center. PC-2 Presentation of the Quarterly Performance Management Report Strategic Services Manager Eric Ellwanger presented the Quarterly Performance Management Report and stated performance measures presented are the score card by which key performance indicators are measured and ultimately performance with respect to the five strategic points identified as the City Council's priorities. • Discussion enused regarding street resurfacing and recycling per household target numbers and the effectiveness of the performance measurements to improve the quality of services and as a decision making tool. City Manager Jennifer Fadden spoke regarding the goal of consistent and accurate performance measures and the advancement toward specific targets to improve results. PC-3 Presentation of the Quarterly Capital Projects Update Strategic Services Manager Eric Ellwanger presented the quarterly capital facility, street, trail and utility projects update and answered questions of the City Councit. City Engineer Jeremy Hutt provided an update regarding the construction of the Cotton Belt Trail, Phase II and L.D. Lockett Trail. Councilmember Muhm requested accelerate the completion of the liquidated damages, as appropriate. staff work with the contractor to Cotton Belt Trail and to collect ~ City Engineer Jeremy Hutt spoke regarding the projected completion dates for the Pleasant Run Road and John McCain Road Intersection and Cheek-Sparger Road and Jackson Road Intersection improvements. City of Colleyvllle Page 2 Prlnted on 9/7/2011 City Council Minutes August 76, 2011 • City Council requested staff provide a projected completion date for all projects. City Attorney Matthew Boyle spoke regarding discussions with the Fort Worth Transit Authority (The "T") related to the Rail Crossing Quad Gate improvement project and the status of the partnership between The "T" and the City regarding funding for the project. City Manager Jennifer Fadden stated the City has been awarded a $1,435,000 grant for the Rail Crossing Quad Gate Project and if the City does not partner with The "T' on this project, the City would be responsible for the $359,000 local match. City Manager Jennifer Fadden stated staff will provide City Council information regarding the SH26 project let dafe and estimated construction completion date. PC-4 Discussion of the Fiscal Year 2012 (FY 2012) proposed budget Assistant City Manager and Chief Financial Officer Terry Leake stated this item provides City Council the opportunity to ask additional • questions and provide direction regarding the FY 2012 proposed budget and reviewed funding options for providing a one time lump sum payment of two percent of regular salary for each employee with a satisfactory or above rating on the last performance evaluation. Discussion ensued regarding a lump sum payment versus an increase in payroll, the timing of paying a lump sum payment and the history and current status of the compensation plan. City Council determined staff would receive a lump sum payment of 2% of regular salary for each employee with a satisfactory or above rating on their last performance evaluation with 1% being paid in December 2011 and 1% paid in January 2012 and funded by the rate settlement with Oncor, if available, or the Colleyville Tomorrow Fund. City Council determined that a future worksession would be held to discuss employee compensation. PC-5 Presentation of the Quarterly Investment Report • Councilmember Muhm requested staff explore Government Sponsored Enterprises (GSE) money for investment purposes. City of Colleyvllle Page 3 Prfnted on 9/7/2011 City Council Minutes August 16, 2011 • There was no discussion of the regular agenda items. Mayor Kelly adjourned the Pre Council meeting at 7:15 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on August 16, 2011, at 7:15 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor and Mayor Pro Tem Tom Hart were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief David James Police Lieutenant Rodney Cunningham, • Fire Chief Russell Shelley, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Economic Development Director Marly 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. PC-6 Presentation of the Monthly Financial Report - July 2011 There was no discussion of this item. PC-7 Discussion of the August 16, 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 - 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, exchange, lease or value of real property for City facilities Clty of Colleyvllle Page 4 PNnted on 9/7/2011 City Council Minutes August 16, 2011 • Section 551.074 - Personnel - Discussion of the appointment and duties of the Planning and Zoning Commission and Zoning Board of Adjustment Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.74, 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 7:16 p.m. and reconvened at 7:57 p.m. INVOCATION: Pastor Michael Hatcher, Bear Valley Community 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-11-3389 Mayor Kelly read Resolution R-11-3389 in its entirety. Economic Development Director Marty Wieder spoke regarding an application by Tom and Ying Aikens, owners, of NEXT Wood Fired Bistro and Vino Bar for facade and tenant improvement grants, in the amount $30,000, in accordance with the incentive program as outlined in the Economic Development Incentive Guidelines and Criteria. 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-11-3389. 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 Clty of Colleyvllle Page 5 Prlnted on 9/7/2011 C~ty Council Minutes August 16, 2011 • 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly presented a Proclamation to Cameron Caudle for earning the rank of Eagle Scout. Eagle Scout Caudle spoke regarding the design and construction of a retired flag receptacle, which has been placed outside the Colleyville Central Fire Station and the regular collection of flags from the receptacle to ensure all flags receive the proper retirement ceremony. Mayor Kelly recognized Theresa Russell, owner, Rockin' _ Haute Consignment Shop and invited everyone to visit the store and support local businesses. Ms. Russell spoke regarding the establishment of the business, invited the public to visit the shop and expressed appreciation to firends and the • community for support of the store. Mayor Kelly expressed appreciation to Ms. Russell for opening a business in Colleyville. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3390 4a Approval of the minutes of the regular City Council meeting of August 2, 2011 4b Appointment of an Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System 4c Approval of Broker/Dealer firms for investment purchases 4d Approval of an Interlocal Agreement befinreen the City of Colleyville and the City of Plano to allow Colleyville to purchase fuel for City vehicles through a contract between the City of Plano and Mansfield Oil Company and other goods and services that may be of mutual benefit to either City, and authorize the city manager to execute the agreement • 4e Approval to authorize the settlement of Raman Chandler Properties v. City of Colleyville as briefed in Executive Session Clty of Colleyvllle Page 6 Printed on ~7/Z011 City Council Minutes August 16, 2011 • Mayor Kelly read Resolution R-11-3390 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 requested a staff briefing for Consent agenda item 4d. City Manager Jennifer Fadden stated the City has been using Mansfield Oil/Wright Express for motor vehicle fuel through an Interlocal Agreement with Tarrant County. Tarrant County did not renew the contract with Mansfield Oil/Wright Express and the City is proposing to enter into an interlocal agreement with the City of Plano to continue to purchase motor vehicle fuel from Mansfield Oil Company at a one cent a gallon less than provided in the Tarrant County contract. Councilmember Hall moved to approve Resolution R-11-3390. Councilmember 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 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1800 Approval of a request to rezone Lots 1-16, Block 1 of the~ Colleyville Heights Addition from R10-Single Family Residential to PUD-R-Planned Unit Development Residential located in the 800 block of Regina Court and 5408 South Drive, Case ZC11-008 Mayor Kelly read the caption of Ordinance 0-11-1800. Community Development Director Ron Ruthven stated the front builidng line is set at 30 feet and the rear building line is set at 25 feet in the proposed ordinance. Mayor Kelly opened the public hearing. Mr. Tom Hoover, 420 Johnson Road, Keller, Texas, owner, Thomas Hoover Engineering, stated the request for a zoning change is to allow . for the construction of one story homes and remain competitive in the marketplace. Clty of Colleyvllfe Page 7 Prlnted on 9/7/2011 City Council Minutes August 16, 2011 • There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the access easement on Lots 7 and 9 and housing restrictions on Lot 1. Community Development Director Ron Ruthven stated there is a replat that is currently under review by staff in which the applicant wishes to modify the access easement befinreen Lots 7 and 9. City Council requested staff convey to the Planning and Zoning Commission concerns regarding the public access to private property between Lots 7 and 9 during consideration of an amended plat application by Mr. Rick Warner. Mayor Kelly rr~oved to approve Ordinance 0-11-1800. Councilmember Short 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 5b 0-11-1801 Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC 11-010 Mayor Kelly read the caption of Ordinance 0-11-1801. Community Development Director Ron Ruthven stated the proposed ordinance was modified to tie the grazing area to Exhibit "B" of the ordinance. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Hart moved to approve Ordinance 0-11-1801. 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 Clty of Colleyvflle Page 8 Prlnted on 9/7/3011 ~ City Council Minutes August 76, 2011 • 5c 0-11-1802 Approval of a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's fourth Rate Review Mechanism (RRM) Mayor Kelly read the caption of Ordinance 0-11-1802. Strategic Services Manager Eric Ellwanger stated this item is a negotiated agreement between Atmos Energy Corporation Mid-Tex Division and the Atmos Cities Steering Committee regarding the company's application to increase natural gas rates. This ordinance is a result of the fourth annual Rate Review Mechanism (RRM) filing by Atmos. The original filing sought a$15.7 milion rate increase. After review and evaluation of #he filing, the Steering Committee was able to reduce the increase to $6.6 million, allowing only incremental revenues necessary to cover a direct cost associated with the Atmos steel service line replacement program. Mr. Ellwanger further stated this year's filing raises the residential customer charge from $7.15 to $7.50, a$0.35 monthly increase. This, coupled with a very slight reduction to the volumetric charge, is estimated to result in an increased charge of $0.31 per month or the equivalent of a 0.66% increase for the average • residential customer. Approval of the proposed ordinance will result in the implementation of new rates that increase Atmos Mid-Tex revenues effective September 1, 2011. The alternative to a settlement of this RRM filing and approval of this ordinance would result in a contested case proceeding before the Railroad Commission, which would take several months and potentially cost rate payers substantially more in rate case expenses and most likely not produce a more favorable result than this settlement. The Steering Committee recommends that all members take action to approve this ordinance authorizing new rate tariffs. 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 City's options if the ordinance is denied and the benefits of being a member of the Atmos Cities Steering Committee. Councilmember Muhm requested staff provide a four-year history of the rate increases by Atmos Energy Mid-Texas. Ms. Mary Jean Maloney, 800 East Border Street, Arlington, Texas, • Atmos Energy representative, spoke regarding the Rate Review Mechanism and the Gas Reliability Infrastructure Program (GRIP) and the process for funding infrastructure improvements. City of Colleyville Page 9 Prlnted on 9/7/2011 City Council Minutes August 16, 2011 • Mayor Kelly moved to approve Ordinance 0-11-1802. Mayor Pro Tem Hart seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Jody Short, Tom Hart, Mike Taylor Nay: 1 - Stan Hall 5d 0-11-1803 Approval of a request for an amendment to the PUD-C-Pianned Unit Development Commercial zoning and development requirements on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case ZC11-014 Councilmember Hall recused himself from consideration of this item due to a conflict of interest. Mayor Kelly read the caption of Ordinance 0-11-1803. • Community Development Director Ron Ruthven stated the proposed ordinance includes the provision for the building to be opened under a temporary Certificate of Occupancy for a period not to exceed five months and allows the original design score submitted in Ordinance 0-10-1761 versus the design score of the current request. Mr. Ruthven further stated an exhibit identifying the materials used on the exterior elevations has been provided to City Council. Mayor Kelly opened the public hearing. Mr. Jeff Jones, American Development, 14881 Quorum Drive, Dallas, Texas, representing the applicant, provided information regarding American Development projects, history of the proposed project and the facility design and presented new renderings of the facility. Mr. Tony Calloway, Hodges & Associates Architects, 13642 Omega, Dallas, Texas, presented photographs of the proposed construction materials for the exterior of the facility. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the exterior elevations and construction • materials, building accents, building design score, landscaping and fencing and screening. City of Colleyvllle Page 10 Prlnted on 9/7/2011 City Council Minutes August 16, 2011 ~ City Council determined a prefabricated cementitious fiber board or stucco will be allowed as an approved exterior wall material on the east and north elevations of the primary structure for the first story of the building and will not exceed 25% of the total exterior wall material; the wall material will be installed in a lap board style; the prefabricated cementitious fiber board may be used for dormer windows and gables on the south and west elevations of the primary structure. Mayor Kelly moved to approve Ordinance 0-11-1803. Councilmember Muhm 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 recessed the meeting at 9:29 p.m. and reconvened at 9:35 p.m. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING ~ 6a 0-11-1804 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 ZC11-013 Mayor Kelly read the caption of Ordinance 0-11-1804. Community Development Director Ron Ruthven stated this request was previously considered by City Council and denied without prejudice. The applicant revised the request for a Special Use Permit and the point of sale area has been moved from the north entrance of the building to the southeast entrance, which is the main entrance from the covered parking area; the door on the west side of the building has been removed; the covered loading area on the north side of the building has been removed; and, the proposed building, which was to be located at the rear of the property has been deleted from the current request. Mr. Ruthven further stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Greg Robertson, 2409 Nettle Lane, Euless, Texas, representing the • applicant, spoke regarding the exterior and interior design aspects of the building, property layout and answered questions of the City Council. Clty of Colleyvllle Page 11 Prlnted on 9/7/2011 City Council Minutes August 16, 2017 • There were no others present wishing to speak and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11•3391 Approval of ambulance billing guidelines for ADPI-Intermedix, Inc. Mayor Kelly read Resolution R-11-3391 in its entirety. Fire Chief Russell Shelley stated Intermedix, who handles all phases of medical records storage, state reporting and ambulance billing for all patients treated and/or transported by the City of Colleyville's ambulance, requested a resolution that oulines all desired ambulance billing processed in the areas of in district and out of district patient classifications, use of collection agencies, billing write-offs and reporting of delinquent accounts to the credit bureaus. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the • public hearing. Councilmember Muhm moved to approve Resolution R-11-3391. 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 7b R-11-3392 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2012 at $.3559 per hundred dollars of valuation Mayor Kelly read Resolution R-11-3392 in its entirety. 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 stated the City began to see some declining debt a number of years ago from ~ the bonds that were sold from the 1991 bond election and included with that, is some declining debt this fiscal year. There are finro parts of the tax rate, one which pays debt on outstanding bonds and the other part of Clty of Colleyvllle Page 12 Prfnted on 9/7/2011 City Council Minutes August 16, 2011 • the tax rate, which funds City services such as police and streets. Ms. Leake further stated for this fiscal year, the tax rate is not changing, but there is slightly more than is allocated in the operation and maintenance or the general fund side due to the declining debt that the City is experiencing. Councilmember Wollin moved to approve Resolution R-11-3392. Councilmember Hall seconded the motion. Councilmember Taylor stated the effective tax rate is $.365041, which means to get the same amount of revenue that the City had last year at $.3559, the City would have to raise the tax rate to $.365041. The City is not raising the tax rate, therefore, the City is running with less revenue coming in. The motion carried by the following vote: Aye: 7- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE • AGENDA Mr. Casey Zandt, 2010 California Crossing, representing Community Waste Disposal, requested an opportunity to bid on the waste and recycling services for the City. 9. REPORTS: Colleyville Center Advisory Committee Minutes - February 21, 2011 Architectural Review Commission Minutes - April 20, 2011 Colleyville Public Library Board Minutes - May 9, 2011 Sign Board of Appeals Minutes - May 10, 2011 Colleyville Center Advisory Committee Minutes - May 23, 2011 Zoning Board of Adjustment Minutes - June 14, 2011 Planning and Zoning Commission Minutes - July 25, 2011 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 16, 2011 - Reading and Public Hearing - Resolution R-11-3393 • This resolution was not needed. Clty of Colleyvllle Page 13 Prlnted on 9V7/2011 ~ City Council Minutes August 16, 2011 ADJOURNMENT: There being no further business before the City Council, Councilmember Short moved to adjoum and Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7- David Kelly, Carot Wollin, Michael Muhm, Stan Hall, Jody Short, Tom Hart, Mike Taylor Mayor Kelly adjoumed the City Council meeting at 10:06 p.m. and reconvened Executive Session at 10:10 p.m. • Mayor Kelly adjourned Executive Session at 10:35 p.m. ~ ~ APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY O~ Minutes t e and r pared . ~ C hia Singleton, TRMC, CMC City Secretary YS AND ~ it 2011. CTty of Colleyvllle Page 14 Prlnted on 9/7/2011