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HomeMy WebLinkAboutCity Council-Minutes-5/17/2016 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, May 17, 2016 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of Fiscal Year 2017 (FY 2017) Insurance Renewal PC-2 Discussion of the Quarterly Performance Management Report PC-3 Discussion of the May 17, 2016, City Council 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 - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Lincoln et al v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Jane Doe v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities City Council Agenda May 17, 2016 City of Colleyville Page 2 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Jeff Strickland, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: Matthew Boyle, City Attorney 2.EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-3991 3.OATH OF OFFICE 4.RECEPTION FOR INCOMING COUNCILMEMBERS 5.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation recognizing the Grapevine High School Girls Soccer Team - Coach Steven McBride, Mayor Richard Newton, and Councilmember Jody Short Proclamation recognizing the Grapevine High School Boys Soccer Team - Coach Heath Bullard, Mayor Richard Newton, and Councilmember Jody Short Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award - Mayor Richard Newton and Strategic Services Manager Adrienne Lothery In recognition of Colleyville's featured business - Palio's Pizza Cafe, Tom Schott, Owner, 5712 Colleyville Boulevard, Suite 130 - Mayor Richard Newton and Economic Development Director Marty Wieder City Council Agenda May 17, 2016 City of Colleyville Page 3 6. ELECTION OF A MAYOR PRO TEM 7. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-16-3992 7a Approval of the minutes of the regular City Council meeting of May 3, 2016 7b Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System 7c Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project Customer City meetings 8. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 8a Ordinance O-16-1979 Approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2016 Rate Review Mechanism Filing and adopting tariffs that reflect rate adjustments consistent with the negotiated settlement 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-16-3993 A resolution of the City of Colleyville stating the City's opposition to TEX Rail and permanently barring the City's participation in the construction of any rail station within the City limits of Colleyville 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 11. REPORTS Zoning Board of Adjustment Meeting Minutes - February 9, 2016 Planning and Zoning Commission Meeting Minutes - April 11, 2016 Monthly Financial Report - April 2016 Quarterly Investment Report for the quarter ended March 31, 2016 City Council Agenda May 17, 2016 City of Colleyville Page 4 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 17, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3994 13. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 13, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. 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 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 17, 2016 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on May 17, 2016, at 5:34 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chris Putnam, Jody Short, and Nancy Coplen Absent: Councilmembers Carol Wollin and Chuck Mogged Mayor Kelly invited the Mayor-elect Richard Newton and Councilmembers-elects Tammy Nakamura and Bobby Lindamood to the Pre Council discussion. City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Communications and Marketing Director Mona Gandy, Chief Financial Officer Brian Hogan, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Economic Development Director Marty Wieder, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley PC-1 Discussion of Fiscal Year 2017 (FY 2017) Insurance Renewal Human Resources Director Rachel Huitt presented this item and briefed the City Council. Amber Shaddox, Holmes Murphy and Associates, also presented this item and briefed the City Council. Mayor Pro Tem Taylor asked staff if the 15 percent administrative fee is based on premiums collected, not the claims paid out. Director Huitt replied correct. Mayor-elect Richard Newton asked staff about what running at 90 percent loss ratio actually means. Director Huitt replied that is the number of dollars paid out to hospitals, doctors, and pharmaceuticals to pay for care; it is the claims relative to premiums. Mayor Pro Tem Taylor asked staff if there are any other incentives given under the Affordable Care Act on top of premiums collected. Director Huitt replied comparisons are being made with claims being made versus premiums being paid. City Council Minutes May 17, 2016 City of Colleyville Page 2 She added the healthcare reform, with private employers, do not offer incentives. She stated there may be some on the marketplace side, there are incentives for employees but not if you have a minimum essential coverage and affordable plan. Mayor Pro Tem Taylor asked staff if the premiums are all that is extracted from the employees. Director Huitt replied yes, and with the City’s contribution. Mayor-elect Richard Newton asked staff if the insurance companies had to suffer the cost of the trends in that pay-out, built into the percent claim. Director Huitt replied yes. Councilmember Putnam asked staff if the insurance companies build the loss from the preceding year into the renewal rate. Director Huitt replied yes. Councilmember Putnam asked Ms. Shaddox if there are costs for switching insurance vendors. Ms. Shaddox replied yes, to a degree, and sometimes there are actual costs and hidden expenses. Councilmember Putnam asked Ms. Shaddox how other cities are seeing the take rate on the high deductible health plan. Ms. Shaddox replied the take rate for a first year high deductible health plan, with no seed money, in other words an employer is not putting money into the account, is about five percent. She stated with seed money, it is 10 percent or less year one, and it grows from there via education. Councilmember-elect Tammy Nakamura asked Ms. Shaddox how the Exclusive Provider Organization (EPO) (In-Network only plan) works if you are out of the state and need medical attention. Ms. Shaddox replied that you truly have no coverage out-of-network, unless you have a life threatening emergency, you would pay out-of-pocket. Councilmember Putnam asked Ms. Shaddox if Blue Cross Blue Shield’s network will pay out-of-network if you are out of state. Ms. Shaddox replied it would, but only if you were certain you were going out of network. She added there is some employee education necessary. Mayor Pro Tem Taylor asked Ms. Shaddox if you are only out-of-pocket until you get back in the network. Ms. Shaddox replied the network will pay, if you have no choice in the matter, the carrier will pay it as if it is in the network. Mayor Pro Tem Taylor asked Ms. Shaddox if the network will mitigate the damage, until the person gets back in-network. Ms. Shaddox replied if it is a life threatening emergency, beyond their control, then yes. Mayor-elect Richard Newton asked Ms. Shaddox if Blue Cross Blue Shield’s network has been shrinking. Ms. Shaddox replied Blue Cross has multiple City Council Minutes May 17, 2016 City of Colleyville Page 3 networks, and added all insurance carriers have been evaluating narrow networks. Councilmember-elect Bobby Lindamood asked Ms. Shaddox, besides the premium savings for employees, are there any incentives for employees who make no claims throughout the year. Ms. Shaddox replied employees cannot be dis- incentivized to not utilize the plan. Director Huitt added Colleyville is a fully insured plan, and we do not have the employee’s full detail, we only have summary data. Councilmember-elect Bobby Lindamood asked staff if there are premium savings across the board, not individual premium savings. Director Huitt replied correct, and with health screenings, they get the best rate with meeting four out of five parameters, which in turn incentivizes the healthy behavior. Councilmember-elect Tammy Nakamura asked Ms. Shaddox if the health savings account (HSA) is an incentive program. Ms. Shaddox replied we want to be careful in the presentation of the message to the employees because we want the employees to have access to care, to help them offset the out-of-pocket expenses. Councilmember Short asked Ms. Shaddox if the HSA covers some preventive care. Ms. Shaddox replied 100 percent is covered as long as age appropriate, so all screenings and annual screenings, and it does not count against them financially. PC-2 Discussion of the Quarterly Performance Management Report Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Councilmember Putnam asked staff if the measures are based on a calendar year or fiscal year. Manager Lothery replied fiscal year. PC-3 Discussion of the May 17, 2016, City Council regular agenda items There was no discussion of this item. Mayor Kelly adjourned the Pre Council meeting at 6:36 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chris Putnam, Jody Short, and Nancy Coplen Absent: Councilmembers Carol Wollin and Chuck Mogged City Council Minutes May 17, 2016 City of Colleyville Page 4 City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Communications and Marketing Director Mona Gandy, Chief Financial Officer Brian Hogan, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Economic Development Director Marty Wieder, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager 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 contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Lincoln et al v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Jane Doe v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville 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 6:36 p.m. City Council Minutes May 17, 2016 City of Colleyville Page 5 INVOCATION: Associate Pastor Preston Reedy Colleyville Assembly of God PLEDGE OF ALLEGIANCE: Matthew Boyle, City Attorney 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-3991 This resolution was not needed. 3. OATH OF OFFICE City Secretary Amy Shelley administered the Oath of Office to Mayor Richard Newton, Place 1 Councilmember Tammy Nakamura, and Place 2 Councilmember Bobby Lindamood. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Mike Taylor, and Councilmembers Tammy Nakamura, Bobby Lindamood, Chris Putnam, Jody Short, and Nancy Coplen Mayor Newton expressed his appreciation to the service of Mayor Kelly and Councilmembers Carol Wollin and Chuck Mogged. Mayor Newton and Councilmembers Tammy Nakamura and Bobby Lindamood expressed their appreciation to the family and friends for their support during the election. Mayor Newton stated he looks forward to working with the citizens and City Council. 4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation recognizing the Grapevine High School Girls Soccer Team - Coach Steven McBride, Mayor Richard Newton, and Councilmember Jody Short Mayor Newton and Councilmember Jody Short presented the Grapevine High School Girls Soccer Team and Coach Steven McBride with a proclamation recognizing their District 6-5A Champions status and recognized Coach McBride as Coach of the Year and Coach Bustillos, as Region 1 Assistant Coach of the Year. Proclamation recognizing the Grapevine High School Boys Soccer Team - Coach Heath Bullard, Mayor Richard Newton, and Councilmember Jody Short City Council Minutes May 17, 2016 City of Colleyville Page 6 Mayor Newton and Councilmember Jody Short presented the Grapevine High School Boys Soccer Team with a proclamation recognizing their record as the District, Bi-District, Area, Regional Qualifier Champs, and Regional Semi-Finalists and recognized retiring Head Coach Heath Bullard who was named Coach of the Year, District Coach of the Year, Fort Worth Star-Telegram Coach of the Year, Dallas Morning News Coach of the Year, and National Soccer Coaches Association Region Coach of the Year. Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award - Mayor Richard Newton and Strategic Services Manager Adrienne Lothery Mayor Newton presented Strategic Services Manager Adrienne Lothery with the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award. In recognition of Colleyville's featured business - Palio's Pizza Cafe, Tom Schott, Owner, 5712 Colleyville Boulevard, Suite 130 - Mayor Richard Newton and Economic Development Director Marty Wieder Mayor Richard Newton and Economic Development Director Marty Wieder recognized Tom Schott, owner of Palio’s Pizza Café as the featured business. 5. RECEPTION FOR INCOMING COUNCILMEMBERS Mayor Newton recessed the regular City Council meeting at 7:58 p.m. for the incoming Councilmembers’ reception. Mayor Newton reconvened the regular City Council meeting at 8:20 p.m. 6. ELECTION OF A MAYOR PRO TEM Mayor Newton stated in accordance with the City Charter, a Mayor Pro Tem is elected annually to serve for one year. Mayor Newton opened the floor for nominations. Councilmember Nakamura nominated Councilmember Putnam. Councilmember Lindamood nominated Councilmember Putnam. Councilmember Putnam accepted their nominations. Mayor Newton nominated Councilmember Putnam. Councilmember Short nominated Councilmember Taylor. Councilmember Coplen had no nomination. Councilmember Taylor nominated Councilmember Putnam. Mayor Newton moved to elect Councilmember Putnam as Mayor Pro Tem. Councilmember Coplen seconded the motion. City Council Minutes May 17, 2016 City of Colleyville Page 7 The motion carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Mayor Newton expressed his congratulations to Mayor Pro Tem Chris Putnam and thanked Councilmember Mike Taylor for his service as Mayor Pro Tem. 7. CONSENT: READING AND PUBLIC HEARING – RESOLUTION R-16- 3992 7a Approval of the minutes of the regular City Council meeting of May 3, 2016 7b Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System 7c Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project Customer City meetings Mayor Newton read Resolution R-16-3992 in its entirety. Chief Financial Officer Brian Hogan presented items 7b and 7c and briefed the City Council. Mayor Newton asked staff if they will be the primary representative, and will also bring back any concerns they may have to City Council. Chief Financial Officer Brian Hogan replied yes, and he will also take forward any concerns or questions of the City Council as well. Councilmember Taylor asked staff if item 7c is different from the first. Chief Financial Officer Brian Hogan replied yes, the wastewater system is for all members within that system, which is about 20 member cities. He added we have a vote in all matters, 1 of 20 votes for wastewater, and 1 of 5 votes for water. Mayor Newton asked staff if Colleyville buys treated water from the Trinity River Authority, and then TRA processes Colleyville’s sewer. Chief Financial Officer Brian Hogan replied yes. Councilmember Taylor asked staff if this is two different advisory boards. Chief Financial Officer Brian Hogan replied yes. City Council Minutes May 17, 2016 City of Colleyville Page 8 Councilmember Taylor asked staff how often these positions become available. Chief Financial Officer Brian Hogan replied annually; therefore, staff will bring this item back every year. Mayor Newton opened the public hearing at 8:31 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:31 p.m. Councilmember Taylor made a motion to approve Resolution R-16-3992. Councilmember Lindamood seconded the motion. The motion carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor 8. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 8a Ordinance O-16-1979 Approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2016 Rate Review Mechanism Filing and adopting tariffs that reflect rate adjustments consistent with the negotiated settlement Mayor Newton read the caption of Ordinance O-16-1979. Strategic Services Manager Adrienne Lothery presented the item and briefed the City Council. Mayor Newton asked staff if the cities go through the Utility Commission for rate structures, it would be $41 million; however, if the negotiated agreement with the Atmos Cities Steering Committee (ACSC), it would be $29 million, which is an approach to agreeing rather than approaching the Utility Commission. Manager Lothery replied yes, as an alternate to having a case heard before the Railroad Commission. Mayor Newton asked staff how this will work since the ordinance would not be approved by the June 1st date. Manager Lothery replied the rates would be effective June 1, even if all cities have not gone through their approval process. Mayor Newton asked staff if it makes a difference if this is passed or not. Manager Lothery replied it would, in that if we do not, as of June 1, the rates that would go into effect would be much more than the $29.9 million, it would be the original $35.4 million. City Council Minutes May 17, 2016 City of Colleyville Page 9 Mayor Newton opened the public hearing at 8:37 p.m. George Dodson, 7309 Balmoral Drive, spoke in opposition to this with concerns about the following: the cost for us to participate in the ACSC; why only talk about it now; what about the cost to the consumer; what is the consumption charge; what is the rider GCR; what is the cost of gas; and how can this be considered without Dallas not being included. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this with concerns about the following: her gas bill, and stated not wanting the change. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:41 p.m. Mayor Newton asked staff if there is a cost to the City. Manager Lothery replied there is an annual membership to the ACSC, typically based on population, at $1,200 per year, and it is cost effective to go in as a group to negotiate the filings. Mayor Newton asked staff about the consumption charge. Manager Lothery replied the consumption charge is at a little over .11 (the new proposed consumption charge), and the residential customer base rate is $19.10 (proposed), and she stated she could clarify that at the next meeting. Mayor Newton asked staff about the timing. Manager Lothery replied there is a filing period, then there is a time when ATMOS and ACSC get together, and this was the very first meeting we could get it on the agenda, which was as soon as we get final settlement. She added the city of Dallas, broke away from the steering committee, and made a case to the Railroad Commission on their own, lost, and ended up with higher rates. Councilmember Lindamood asked staff at what rate will we be paying. Manager Lothery replied as of June 1st, the negotiated settled rates will go into effect. Councilmember Taylor asked staff if we have a number to be able to compare as to going with a coalition rather than negotiating alone. Manager Lothery replied the most recent would have been when the coalition went before the Railroad Commission with a formal rate case. She stated it would have been a six figure amount to try a full case. This was a first reading, therefore, City Council did not take any action. City Council Minutes May 17, 2016 City of Colleyville Page 10 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-16-3993 A resolution of the City of Colleyville stating the City's opposition to TEX Rail and permanently barring the City's participation in the construction of any rail station within the City limits of Colleyville Mayor Newton read Resolution R-16-3993 in its entirety. Mayor Newton opened the public hearing at 8:49 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in support of the resolution, but stated she enjoys hearing the train, but against having freight trains blowing through the City. George Dodson, 7309 Balmoral Drive, spoke in support of this resolution. Natalie Genco, 1104 John McCain Road, spoke in support of this resolution, and presented the City with citizen signatures from an online petition, and asked for the removal of the TEX Rail from RTC’s 2040 Regional Transportation Plan. The following persons did not wish to speak, but wished to register support for the resolution: Taylor and Elizabeth Zeitlin, 1800 Glade Road; David and Debbie Medlin, 605 Montreux Avenue; Tom and Jane Bauch, 4201 Shadow Ridge Drive; Claudia Bevill, 119 Cheek-Sparger Road; Scott and Sarah Gunnip, 609 Montreux Avenue; Lidia Braden, 1307 Bellefonte Lane; J. Hayden and Joni Knox, 5134 Heritage Oaks Drive; John and Rachel Donnell, 5712 Sycamore Drive; Neil and Sherrie Hart, 1600 Glade Road; Connie Worley, 5016 Auburndale Avenue; Matt and Elizabeth Westbrook, 4601 Jim Mitchell Trail East; Chuck and Dee Kelley, 705 Hillside; Judy Chappell, 1716 Glade Road; Samuel L. Van Bever, 4105 Crest Court; Lola Lawrence, 4105 Greenway Court; L. Nichols and Cheri Moore, 1017 W. Murphy Road; Tim Kenney, 2902 Highgrove Court; Dan and Susan Mathisen, 317 Chestnut Bend; Steve and Julie Waltens, 716 Duns Tew Path; Daniel Garrison, 6401 Westcoat Drive. The following person did not wish to speak, but wished to register opposition for the resolution: Joe Moore, 133 Acuff Lane. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:00 p.m. Mayor Pro Tem Putnam presented this item and briefed the City Council. He provided a slideshow presentation as well. City Council Minutes May 17, 2016 City of Colleyville Page 11 Councilmember Taylor stated he would rather split the proposed resolution into two separate resolutions; one relative to the rail station, and the other relative to TEX Rail. Mayor Newton stated the Tarantula Train will still run, even if TEX Rail does not happen. He added he supports this resolution, even with the two separate issues written in the resolution, because it fixes any confusion and provides clarity. He added Colleyville has a 6.7 percent vote with the RTC, and this resolution provides for Colleyville’s position in this project, even if it does not stop anything. Councilmember Taylor stated he has voiced many citizen’s opinions about TEX Rail to the RTC, and just as recently as last Thursday. He stated there was still a unanimous vote to proceed with the project. Mayor Pro Tem Putnam stated the RTC needs a “poke in the eye,” and we absolutely should have a say in this project. He stated he does not care what vote the RTC took, as this is a bad project. He stated it is not too late to do something. Councilmember Short stated having concerns about the following language in the proposed resolution: in the third whereas statement - how to quantify “astronomical”; in the fifth whereas statement – “never been subjected to voter input of any kind” neighbors to the north in Grapevine did have a vote; in the seventh whereas statement – throughout the past years, the “heavy diesel rail” is not being considered and “light rail” is not being considered; in the ninth whereas statement – “to permanently bar” would not be accurate for the ability of this body for future councils; the tenth whereas statement contradicts the sixth whereas statement; Section 3 would be an overreach to ask the railroad to “limit and reduce all rail traffic”, when the previous resolution asked to limit “freight traffic”; and Section 4 has costly statements with no corresponding benefit. He stated a lot has been said, but not sure how true and correct they are as stated in Section 1. Councilmember Coplen stated not being in favor of the rail, and stated having concerns about the following language: Section 5 - who will be in charge of bringing this forward as a public referendum; Section 2 - the future citizens of Colleyville can have a proposition; therefore, “permanently” may not be true; Section 1 – not sure about the data; in the tenth whereas, there were over 1,000 signatures provided before relative to the negative impact on property values, and Colleyville will not be able to afford a rail station; in the eighth whereas – has the limiting of freight traffic been met, where is the action item for this; the sixth whereas language is not necessary; the fifth whereas – voter input is important, but stated being too busy to get involved. She added she is against the rail, and stated not being responsible for what other cities want. She expressed her appreciation to all that has gone into this. Mayor Newton stated we only have jurisdiction on Colleyville, with no intent to assume we are trying to impact anyone else’s jurisdiction. He stated we participate City Council Minutes May 17, 2016 City of Colleyville Page 12 with 10 other cities, and this provides our position on the project. He stated if they are willing to pass some sort of resolution, then a majority of our representatives would speak to that at the RTC. He added not being concerned with the word “permanently” in the proposed resolution because within the context of the resolution, the intent is never to build a train station. He stated future City Council can certainly pass their own resolution. Councilmember Lindamood stated while campaigning he promised he would support this resolution. He then asked City Council how long this project has been going on. He stated someone can bring forward a petition that could be voted on by the citizens. He added legislative rules and laws are made all the time that future City Councils can change them. He stated the people’s voice has been against the train. Councilmember Nakamura agreed with Councilmember Lindamood and stated she spoke with hundreds of people who do not want the train, and are adamantly against it. She stated she wants to do what the people have asked. Mayor Newton stated being in support of the way the resolution is currently written. Mayor Pro Tem Putnam made a motion to approve Resolution R-16-3993 with a change to the fifth recital/whereas to read, “the TEX Rail project has never been subjected to voter input at the county level, thereby depriving the public and taxpayers any say over the project”. Councilmember Lindamood seconded the motion. Councilmember Taylor stated he would like to divide the question, as there are some things to the rail station side, in our control, and rather than do the permanent bar. He stated it could say that we encourage future councils to submit the question to the qualified voters of Colleyville before proceeding. Mayor Newton asked Councilmember Taylor if he is against the train station. Councilmember Taylor replied yes. Mayor Newton stated since the motion was made by Mayor Pro Tem Putnam, he would have to agree to Councilmember Taylor’s amendment, but the amendment is a fair departure from what this resolution states. Councilmember Coplen asked Councilmember Taylor about how it would be read. Councilmember Taylor stated it would need to be added in. Mayor Pro Tem Putnam called for the question. Mayor Newton acknowledged the call for question on the motion, which ends the debate, and vote on the motion. Mayor Newton voted to end the debate. All agreed. City Council Minutes May 17, 2016 City of Colleyville Page 13 Mayor Newton recited the motion: Mayor Pro Tem Putnam made a motion to approve Resolution R-16-3993 with a change to the fifth recital/whereas to read, “the TEX Rail project has never been subjected to voter input at the county level, thereby depriving the public and taxpayers any say over the project”. Councilmember Lindamood seconded the motion. The motion to approve carried by the following vote: Aye: 5 – Mayor Newton, Councilmembers Tammy Nakamura Bobby Lindamood, Chris Putnam, and Nancy Coplen Nay: 2 – Councilmembers Jody Short and Mike Taylor 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Wayne Maynard, 3004 Edgewood Lane, filled out a speaker card to speak, but left before this item. Kathy Hadley, 204 Timberline Drive North, congratulated the new City Councilmembers on a job well done for their first meeting, especially the debate. She reminded the City Council about the promises made to get her vote. Dan Mathisen, 317 Chestnut Bend, stated points for new consideration: the City water rates in comparison with other utilities, needs to be brought into the current decade; he stated he wants to pay his water bill online; there should be some historical analysis and trending information online, and not just worry about the rates; stated looking forward to the term limit discussions; stated looking forward to changes being made to the “Welcome” brochure and to strike information about removing hats or limiting speech. He also encouraged all to cooperate with each other and have a positive behavior and attitude; he stated all should have a refresher course in active listening and do opposition with civility by using the pureness of your heart. He stated clear mandates have been made to reconsider previous decisions made. Elizabeth Zeitlin, 1800 Glade Road, agreed with Mr. Mathisen and stated she appreciated the respectful debate this evening with the issues being discussed. 11. REPORTS Zoning Board of Adjustment Meeting Minutes - February 9, 2016 Planning and Zoning Commission Meeting Minutes - April 11, 2016 Monthly Financial Report - April 2016 Quarterly Investment Report for the quarter ended March 31, 2016 There was no discussion of this item. City Council Minutes May 17, 2016 City of Colleyville Page 14 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 17, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3994 This resolution was not needed. 13. ADJOURNMENT There being no further business before the City Council, Councilmember Taylor made a motion to adjourn. Mayor Newton seconded the motion. Adjournment approved by acclamation. Mayor Newton adjourned the City Council meeting at 9:54 p.m. Mayor Newton reconvened the Executive Session at 9:58 p.m. There were no decisions made or action taken during this time. The meeting was adjourned at 10:46 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 7TH DAY OF JUNE 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary