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HomeMy WebLinkAboutCity Council-Minutes-6/16/2015 City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 16, 2015 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on Tuesday, June 16, 2015, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian Riley, Human Resources Director Rachel Huitt, Recreation and Library Director Mary Rodne, Parks Manager James Hubbard, Community Development Director Abra Nusser, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley PC-1 84th Texas Legislative Session update presentation by Texas House Representative Giovanni Capriglione Texas House Representative Giovanni Capriglione updated the City Council regarding the 84th Texas Legislative Session activities. Mayor Pro Tem Taylor asked State Representative Capriglione if part of the general revenue will be dedicated to transportation with the vote in November. State Representative Capriglione replied yes, and he further explained how it will work. Mayor Pro Tem Taylor asked State Representative Capriglione if that would be in addition to Proposition 1. State Representative Capriglione replied yes. Mayor Pro Tem Taylor asked State Representative Capriglione if there would be reimbursement for border patrol. State Representative Capriglione explained that the federal government has increased border patrol that has been effective. He stated an investment has also been made in technology. He stated the state does not want to increase their liability or obligations thus far. Mayor Pro Tem Taylor asked State Representative Capriglione about the salary gaps between the local officers and state troopers. State Representative Capriglione replied hiring more state troopers will create a gap in numbers with local officers, and the state is trying to find a solution. He stated they are trying to hire the best; therefore, additional dollars are needed for such. City Council Minutes June 16, 2015 City of Colleyville Page 2 Mayor Pro Tem Taylor asked State Representative Capriglione about the oil and gas regulations and what has changed. State Representative Capriglione stated the state will ultimately be the deciding factor in oil and gas regulations; however, when cities create other regulations that are more restrictive than state regulations, there will have to be some consideration given in those instances. Councilmember Mogged asked State Representative Capriglione about the other issues to be voted on in November. State Representative Capriglione stated there are many, and these are a few: tax cuts, transportation, and the sale of raffle tickets in professional sports organizations. Councilmember Putnam asked State Representative Capriglione what is done to help TxDOT prioritize projects. State Representative Capriglione replied HB 20 was the accountability project planning bill. He stated he could get the information about the author of the bill to City Council, as it helps to prioritize projects and how the money is spent. Mayor Pro Tem Taylor asked State Representative Capriglione about Home Rule, why there is an interest. He stated if cities are compliant with preemptive authority, cities should be able to govern themselves. State Representative Capriglione agreed, but stated it is looked at on a case by case basis, as some cities ask for the state’s assistance in writing their laws. PC-2 Discussion of City's network assessment Information Systems Manager Chris Pena provided an update on the City’s network assessment. Councilmember Wollin asked about the AAA radius service. Manager Pena explained AAA radius service is comprised of authentication, authorization, and accounting. He further explained the device will identify computers that are safe to have available access to the network. Mayor Pro Tem Taylor asked staff if it will encompass activity while on the network. Manager Pena replied it will indicate what activity is being done with a particular device. Councilmember Wollin asked staff if it will include what is being searched. Manager Pena replied it will include what is being accessed, and which servers are being used from a physical standpoint. Mayor Pro Tem Taylor asked staff why this has not already been installed or taking place. Manager Pena replied it has been identified to be completed this year, since he was waiting until the audit was finished. He stated having the audit City Council Minutes June 16, 2015 City of Colleyville Page 3 information available greatly assists in knowing where the needs or deficiencies are in the system. Mayor Pro Tem Taylor asked staff about the file usage auditing tool. Manager Pena replied we can set up alerts as to who is accessing what folder, and which files to assist staff in identifying who has access and usage. Mayor Pro Tem Taylor asked staff about the IDS/IPS systems. Manager Pena explained these devices are already in place and built into the web filter to track the information coming and going, and the software looks for oddities within the systems. Mayor Pro Tem Taylor asked staff about the third party certificate verification. Manager Pena explained the certificate will be issued to devices to verify that web sites are safe to go through. He stated it is essentially a communication software for devices. Mayor Pro Tem Taylor asked if the AAA radius service is a redundant tool with the third party certificate verification. Manager Pena replied threats come through the system in many ways; therefore, having these devices or systems is important. Mayor Pro Tem Taylor asked staff if there is a unique identifier to authorize devices. Manager Pena explained there are tables embedded in the operating system within active directory credentials to verify devices are safe. Councilmember Putnam asked staff if there have been any material breaches within the system. Manager Pena replied not really, there have been small viral issues; however, staff has put in place some elements to eliminate those issues. Councilmember Wollin suggested doing these assessments on an annual basis to keep the system safe. Mayor Pro Tem Taylor stated these elements are more important than new hardware. He stated this lets our citizens know we have done everything we can do, at our level, to keep things safe. PC-3 Discussion of setting a date and establishing a scope for a Glade Road Project worksession City Engineer Jeremy Hutt presented a listing of dates in which the consultant could be present for a worksession. Mayor Kelly asked staff about the progress of the 60 percent plan design. Engineer Hutt replied staff plans to have a review package available by July 27. City Council Minutes June 16, 2015 City of Colleyville Page 4 Councilmembers agreed upon Tuesday, July 28 at 6:00 p.m., in the Executive Conference Room. Mayor Kelly asked staff if there will be a project plan included to help with the discussion. Engineer Hutt replied a revised project/phasing plan can be included. Councilmember Putnam asked staff if Phase 1 is going to be discussed. Mayor Kelly stated it should be outside of Phase 1. City Manager Jennifer Fadden added a review relative to what has been done so far can be discussed. Councilmember Putnam stated he would like to discuss the 60 percent design plan, if it is ready. Mayor Pro Tem Taylor asked staff if the remainder of the corridor will be discussed at the worksession. Engineer Hutt replied yes. City Manager Jennifer Fadden added staff will be seeking City Council’s direction on what they would like to do in moving forward. She stated TranSystems is not engaged beyond the scope of Phase 1; they are coming to this worksession as a courtesy. She stated if the intention is to do work with them beyond Phase 1, staff will have to initiate a contract with them. Councilmember Putnam asked staff what it is then that we are discussing with this contractor. Mayor Kelly stated the project has been slated in phases, so we have to decide if we want to maintain that phasing, or accelerate or change the phasing. City Manager Jennifer Fadden added the scope with TranSystems is limited to the Bransford to Manning design. PC-4 Discussion of the June 16, 2015, City Council regular agenda items There was no discussion regarding this item. Mayor Kelly adjourned the Pre Council meeting at 6:26 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:35 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian Riley, Human Resources Director Rachel Huitt, Economic Development Director Marty Wieder, Recreation and Library Director Mary Rodne, Parks Manager James Hubbard, Community Development Director Abra Nusser, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Strategic Services Manager City Council Minutes June 16, 2015 City of Colleyville Page 5 Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley 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 - Consultation with attorney on gas well regulations and zoning Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.071 - Legal - Consultation with attorney regarding litigation - Village Monticello Partners, LTD. v. City of Colleyville Section 551.072 - Real Estate - Gas pipeline license agreement compensation Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Kelly explained 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, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:26 p.m. and reconvened at 6:27 p.m. INVOCATION: Pastor Luke Davidson, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City Council Minutes June 16, 2015 City of Colleyville Page 6 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3881 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin announced the Red, White, and Sousa event to be held on Friday, June 26, 2015 at Colleyville Center at 5301 Riverwalk Drive with the free patriotic concert beginning at 8:00 p.m. and gates opening at 6:30 p.m. In recognition of Colleyville's featured business - Daniel Harrison, General Manager Yakety Yak Wireless located at 3930 Glade Road, Suite 103 - Mayor David Kelly and Economic Development Coordinator Carlie Dorshaw-Moe Mayor David Kelly and Economic Development Coordinator Carlie Dorshaw-Moe recognized Daniel Harrison, General Manager of Yakety Yak Wireless, the featured business of the month. Mr. Harrison expressed his appreciation to Mayor Kelly and City Council for the recognition. Recognition of employees' years of service Mayor Kelly recognized and presented certificates to City employees Sherry Brewer for one year of service; Lance Lindley for five years of service; and Randy Bright, Toni Shultz, and Daniel Torte for ten years of service. Recognition of employee achievements Mayor Kelly recognized Economic Development Coordinator Carlie Dorshaw-Moe for earning the Certified Tourism Ambassador designation from the Tourism Ambassador Institute, and Natividad Hernandez, Equipment Operator in the Public Works Department, as the 1st place winner in the Bas ‘n Bowl event at the annual Texas Public Works Association Equipment Road-E-O. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3882 4a Approval of the minutes of the regular City Council meeting of June 2, 2015 City Council Minutes June 16, 2015 City of Colleyville Page 7 4b Approval of the appropriation of funds from the Colleyville Tomorrow Fund in the amount of $82,125.80, for repairs and improvements to the Bidault House, awarding a contract to Castro Roofing, Inc., through the TIPS/TAPS Cooperative Purchasing Network, in the amount of $78,625.80 to complete repairs to the Bidault House, and authorize the city manager to execute the contract 4c Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2015, in the amount of $45,000 Mayor Kelly read Resolution R-15-3882 in its entirety. Mayor Kelly opened the public hearing at 7:48 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:48 p.m. Mayor Kelly made a motion to approve Resolution R-15-3882. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-15-1956 Consideration of a zoning change from the R40 – Single Family Residential zoning district to the R20 – Single Family Residential zoning district on Abstract 1248, of the Thomas J. Polson Survey, located at 508 Black Drive, Case ZC15-008 Mayor Kelly read the caption of Ordinance O-15-1956. Community Development Director Abra Nusser presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 7:50 p.m. David Myers, representative of the property owner, presented this item and briefed the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:51 p.m. City Council Minutes June 16, 2015 City of Colleyville Page 8 Councilmember Mogged asked staff if there are any changes to the supermajority voting requirements. Director Nusser replied no, a supermajority is still required. Mayor Kelly asked staff if the applicant meets the dimensional requirements for the R20 zoning designation. Director Nusser replied yes. Mayor Kelly made a motion to approve Ordinance O-15-1956. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 5b Ordinance O-15-1957 Consideration of a zoning change from the CN – Neighborhood Commercial zoning district to the CPO – Professional Office zoning district on Lots 1-4, Block 1, of the C-D Subdivision, located at 6513 and 6515 Colleyville Boulevard and 1700 and 1704 Tarrant Lane, Case ZC15-009 Mayor Kelly read the caption of Ordinance O-15-1957. Mayor Kelly opened the public hearing at 7:52 p.m. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:52 p.m. Councilmember Wollin made a motion to approve Ordinance O-15-1957. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-15-1958 Approval of the Fiscal Year 2016 (FY 2016) Colleyville Crime Control and Prevention District budget Mayor Kelly read the caption of Ordinance O-15-1958. City Council Minutes June 16, 2015 City of Colleyville Page 9 Assistant Police Chief Robert Hinton presented this item and briefed the City Council. Mayor Kelly asked staff if the sole source of revenue is from the one-half cent sales tax to help fund public safety. Assistant Chief Hinton concurred. Mayor Kelly opened the public hearing at 7:55 p.m. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:55 p.m. Councilmember Wollin asked staff if 2019 is the last year for the Justice Center debt payment. Assistant City Manager/Chief Financial Officer Terry Leake replied yes. This was a first reading; therefore, City Council did not take any action. 6b Ordinance O-15-1959 Approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2014 and 2015 Rate Review Mechanism Filings and adopting tariffs that reflect rate adjustments consistent with the negotiated settlement Mayor Kelly read the caption of Ordinance O-15-1959. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Kelly asked staff if we were already paying the 2014 rates. Manager Lothery replied yes, this ordinance would make those rates official. Mayor Kelly opened the public meeting at 8:01 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:01 p.m. Mayor Kelly stated if Colleyville decides not to go with the Atmos Citites Steering Committee, Colleyville would incur those attorney fees to fight those fees. Manager Lothery agreed. This was a first reading; therefore, City Council did not take any action. 6c Ordinance O-15-1960 An ordinance amending sections 3A and 3B of the water and sewer policy and procedure manual of the City of Colleyville by phasing out City Council Minutes June 16, 2015 City of Colleyville Page 10 the water and sewerage usage included in the base rate over a four year period; basing the minimum monthly use charge for water on water meter size, and increasing the minimum base rate for sewerage for non-residential customers by $6.00 per month over a three year period, and providing an effective date Mayor Kelly read the caption of Ordinance O-15-1960. Public Works Director Bob Lowry presented this item and briefed the City Council. Mayor Kelly asked staff if Colleyville will remain the second lowest rate compared to the surrounding cities. Director Lowry replied yes, assuming the rates are the same from TRA. Mayor Kelly opened the public meeting at 8:06 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:06 p.m. Councilmember Putnam asked staff about the rate structures for 2015-2018. Director Lowry replied the increase from December 2014 to 2015 is 18 cents per thousand gallons; December 2015-2016 is 14 cents per thousand gallons; December 2016-2017 is 14 cents per thousand gallons; and December 2017-2018 is 13 cents per thousand gallons. Councilmember Putnam stated he would like the data from TRWD that details the need for the rate increases so that he can better explain it to the citizens. Director Lowry stated staff can request the information. Councilmember Mogged asked Councilmember Putnam if he would like the status of where TRWD stands on the $200 million capital investment program. Councilmember Putnam stated there are questions that need to be asked to know what is funding that program. He stated he is not confident that we have good answers. Mayor Pro Tem Taylor stated he would like the lady who spoke at the Mayors’ Council meeting held in downtown Fort Worth to come and speak to City Council about this. Mayor Kelly stated there are two components, this ordinance is to get us in line for cost recovery, and then the rate increases from the source provided. He concurred that there should be a justifiable reason for the rate increases. Mayor Pro Tem Taylor stated the five year structure is due to Colleyville’s push back for the increases. He stated we’ve continued to get these schedules for rate increases. City Council Minutes June 16, 2015 City of Colleyville Page 11 Councilmember Putnam stated Colleyville has not been afforded time with TRWD to really closely examine their financials to determine how they have arrived at these rate increases. Mayor Kelly concurred. This was a first reading; therefore, City Council did not take any action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-15-3883 Appointing members to the Colleyville Economic Development Corporation (CEDC) Board of Directors Mayor Kelly read Resolution R-15-3883 in its entirety. Mayor Kelly opened the public hearing at 8:24 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:24 p.m. Mayor Kelly made a motion to approve Resolution R-15-3883 appointing Councilmember Mogged and Mayor Pro Tem Taylor to the Colleyville Economic Development Corporation (CEDC) Board of Directors. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 7b Resolution R-15-3884 Appointing a member to the Audit Committee Mayor Kelly read Resolution R-15-3884 in its entirety. Mayor Kelly opened the public hearing at 8:25 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:25 p.m. Councilmember Mogged made a motion to approve Resolution R-15-3884 appointing Councilmember Coplen to the Audit Committee. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: City Council Minutes June 16, 2015 City of Colleyville Page 12 Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no speakers for this item. 9. REPORTS Planning and Zoning Commission Meeting Minutes - May 11, 2015 Library Board Meeting Minutes - February 9, 2015 Monthly Financial Report - May 2015 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 16, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3885 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Coplen motioned to adjourn. Mayor Kelly seconded. Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen Mayor Kelly adjourned the City Council meeting at 8:26 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 7TH DAY OF JULY 2015. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary