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HomeMy WebLinkAboutCity Council-Minutes-6/21/2016 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, June 21, 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 Texas Municipal Retirement System (TMRS) PC-2 Discussion of the City Council Rules of Procedure PC-3 Discussion and presentation on current Capital Improvement Projects PC-4 Presentation on residential irrigation system evaluations PC-5 Discussion of the June 21, 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 and legal briefing by the attorney regarding the Open Meetings Act and social media 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities City Council Agenda June 21, 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 Luke Davidson, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4003 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's featured business - Braums, Kimberly Windham, General Manager, 4500 Colleyville Boulevard - Mayor Richard Newton and Economic Development Coordinator Carlie Dorshaw-Moe 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4004 4a Approval of the City Council worksession minutes on June 6, 2016 4b Approval of the minutes of the regular City Council meeting of June 7, 2016 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-16-1980 Approval of the Fiscal Year 2017 (FY 2017) Colleyville Crime Control and Prevention District budget 5b Ordinance O-16-1981 An ordinance amending Section 3A of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas by eliminating tiered water rates and establishing a rate of $4.36 per thousand gallons of water for all gallons not included in the base rate, and providing for an effective date City Council Agenda June 21, 2016 City of Colleyville Page 3 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4005 Approval of soliciting Requests for Proposals for City Attorney services 6b Resolution R-16-4006 Approval to award an economic development incentive grant to Craft & Crab Colleyville, LLC 6c Resolution R-16-4007 Approval of establishing a Charter Review Committee, appointing members, providing committee responsibilities, and selecting a reporting period 7. COUNCIL DISCUSSION ITEMS Update on the status and activities of the Regional Transportation Council (RTC) - Councilmember Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Meeting Minutes - May 9, 2016 Monthly Financial Report - May 2016 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 21, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4008 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 17, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary City Council Agenda June 21, 2016 City of Colleyville Page 4 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, June 21, 2016 City Council Chambers Mayor Richard Newton called the Pre Council meeting of the Colleyville City Council to order on June 21, 2016, at 5:34 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor 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, Chief Financial Officer Brian Hogan, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Recreation and Library Director Mary Rodne, 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, Assistant City Attorney Ben Stool, and City Secretary Amy Shelley PC-1 Discussion of Texas Municipal Retirement System (TMRS) Human Resources Director Rachel Huitt introduced Anthony Mills, Senior Regional Manager with TMRS, who presented this item and answered questions. Councilmember Taylor asked Mr. Mills about what happens when an employee has money in TMRS, and then they go to another non-TMRS city, then they come back to Colleyville. Mr. Mills replied most cities, as well as Colleyville, has restrictive prior service credit provision. He explained that an employee who is recruited from a non-TMRS city, can count the time, or from any public entity, but there are no monetary benefits, it counts towards their vesting and retirement eligibility. Mayor Pro Tem Putnam asked Mr. Mills what percentage of the member cities are fully funded. Mr. Mills replied he would guess about 20 percent, and those with more than 90 percent funded typically have no COLA provisions, and some smaller cities have a five percent deposit rate with a 1-1 match ratio. Mayor Newton asked Mr. Mills what happens when employees leave before they are eligible to retire, do they take their vested money with them. Mr. Mills replied yes. He further explained the difference in vested from a TMRS perspective. City Council Minutes June 21, 2016 City of Colleyville Page 2 Mayor Newton asked Mr. Mills if we turn on the COLA, does Colleyville have to cover the difference. Mr. Mills replied it is already accounted into the cost of the plan, but it does increase the liabilities to cover the COLA. Mayor Pro Tem Putnam asked Mr. Mills if the COLA is not a requirement. Mr. Mills replied correct. Mayor Newton asked Mr. Mills why if the COLA is turned back on, you have to act as if it has been on all along. Mr. Mills replied the COLA calculations take into account the member’s original annuity. Mayor Newton asked Mr. Mills if it has to be done that way. Mr. Mills replied yes, under the current statute. Mayor Newton asked Mr. Mills if the requirement is a TMRS requirement or if it is state law. Mr. Mills replied it is a TMRS requirement. City Manager Jennifer Fadden replied cities have raised this through the legislative process. Mayor Newton encouraged him to have TMRS look at those recommendations to the legislature. Mayor Newton asked Mr. Mills if COLA could be in effect on an ad hoc every year. Mr. Mills replied he would not recommend it yearly, but perhaps periodically. Councilmember Taylor stated a legislative resolution would be appropriate for City Council. Councilmember Short asked Mr. Mills how benefits are effective with an employee moving in and out of a TMRS member city. Mr. Mills replied each city has a set of financials for COLA. Mayor Newton asked Mr. Mills why the funded ratio is at 101.7 percent. Mr. Mills replied they are winding Colleyville down to 100 percent, which is optimal. Mayor Newton asked Mr. Mills what percentage was Colleyville previously. Mr. Mills replied last year the funded rate was 103.9 percent. Mayor Newton asked Mr. Mills if Colleyville can make changes to anything they choose. Mr. Mills replied yes, but if the deposit rate were to be decreased, the employees would have to approve the decrease. He added seven percent is the highest deposit rate. He added the 2-1 match could be changed, although all of the peer cities have the same match. He stated the COLA is different among the peer cities. Mayor Newton asked Mr. Mills if retirement eligibility could be changed back to 10 years. Mr. Mills replied no, the five years vested with Colleyville, or 20 years with TMRS cannot be changed. City Council Minutes June 21, 2016 City of Colleyville Page 3 Councilmember Taylor asked Mr. Mills if the wind down target date of 2023 and the sustainability of the 6.75 percent are in conflict with each other. Mr. Mills replied by looking at the frontier models, stating they can sustain the 6.75 percent. Councilmember Taylor asked Mr. Mills what contributes to your return. Mr. Mills replied there is a 60/40 mix of stocks to bond stable value, and there are core investments inside the stable value, and equity side, with some in real estate, trust, and equity funds. Mayor Pro Tem Putnam asked Mr. Mills about what percentage of your portfolio is derivatives. Mr. Mills replied he did not have that breakdown, but he knows it is less than five percent. Councilmember Taylor asked Mr. Mills if the percentage is net of administrative costs. Mr. Mills replied yes, less than one-tenth of one percent. PC-2 Discussion of the City Council Rules of Procedure This item was moved to the July 12, 2016, Pre Council meeting. PC-5 Discussion of the June 21, 2016, City Council regular agenda items There was no discussion of this item. Mayor Newton recessed the Pre Council meeting at 6:25 p.m. Pre Council items 3 and 4 are noted below, after the regular meeting adjourned. Mayor Newton 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 convened and recessed at 6:25 p.m. 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 and legal briefing by the attorney regarding the Open Meetings Act and social media Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) City Council Minutes June 21, 2016 City of Colleyville Page 4 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 551.072 - 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 The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:34 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor 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, Chief Financial Officer Brian Hogan, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Ben Stool, and City Secretary Amy Shelley INVOCATION: Pastor Phillip Kemp, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4003 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 City Council Minutes June 21, 2016 City of Colleyville Page 5 In recognition of Colleyville's featured business - Braums, Kimberly Windham, General Manager, 4500 Colleyville Boulevard - Mayor Richard Newton and Economic Development Coordinator Carlie Dorshaw-Moe Mayor Richard Newton and Economic Development Coordinator Carlie Dorshaw- Moe recognized Braums as the featured business and thanked General Manager Kimberly Windham. Councilmember Coplen announced the Red, White, and Sousa event to be held on Friday, June 24, 2016 at Colleyville Center beginning at 6:30 p.m. Mayor Newton clarified the appointment made to the Colleyville Economic Development Corporation, during the last City Council meeting, was for a two year term. He explained that although Councilmember Taylor had been appointed in 2015, he had also been appointed in 2014; therefore, Councilmember Taylor had served his two year term. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4004 4a Approval of the City Council worksession minutes on June 6, 2016 4b Approval of the minutes of the regular City Council meeting of June 7, 2016 Mayor Newton read Resolution R-16-4004 in its entirety. Mayor Newton opened the public hearing at 7:42 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:42 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4004. Mayor Pro Tem Putnam 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 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-16-1980 Approval of the Fiscal Year 2017 (FY 2017) Colleyville Crime Control and Prevention District budget City Council Minutes June 21, 2016 City of Colleyville Page 6 Mayor Newton read the caption of Ordinance O-16-1980. Assistant City Manager/Director of Public Safety Mike Holder presented this item and briefed the City Council. Mayor Newton opened the public hearing at 7:43 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:43 p.m. Councilmember Taylor expressed his appreciation to the CCCPD Board, and the presentation given by the Assistant City Manager/Director of Public Safety Mike Holder. Mayor Newton explained the responsibilities of the CCCPD Board, and further stated the FY 2017 budget was approved earlier this evening by the board. Mayor Newton stated there are currently eight police officers paid for by the CCCPD fund, and one additional police officer will be moved to the CCCPD budget in FY 2017. Councilmember Taylor stated there are also stickers on the police vehicles stating “this vehicle is paid for by the CCCPD.” This is a first reading, therefore City Council did not take any action. 5b Ordinance O-16-1981 An ordinance amending Section 3A of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas by eliminating tiered water rates and establishing a rate of $4.36 per thousand gallons of water for all gallons not included in the base rate, and providing for an effective date Mayor Newton read the caption of Ordinance O-16-1981. Chief Financial Officer Brian Hogan presented this item and briefed the City Council. Mayor Newton asked staff if there have been discussions about how to handle the revenue short fall in the General Fund of about $670,000. Chief Financial Officer Brian Hogan replied yes. Mayor Newton asked staff if we are able to do this in the General Fund without impacting any services in the current fiscal year budget. Chief Financial Officer Brian Hogan replied correct. City Council Minutes June 21, 2016 City of Colleyville Page 7 Councilmember Taylor asked staff if there are any impacts to Colleyville’s bond rating or debt issues by doing this in the middle of the budget year. Chief Financial Officer Brian Hogan replied there will be an impact to the credit rating, but it will not affect the AAA rating. He further explained by saying the proposed change will likely impact ratings through increased surveillance and watching to determine the effect on our financials, as it draws attention to what we are doing, because it is out of the norm of general business. Councilmember Coplen asked staff if they used forecasting for this summer. Chief Financial Officer Brian Hogan replied this summer is based on last year’s usage. Councilmember Coplen asked staff if 40 percent of the customers remain in Tier 1. Chief Financial Officer Brian Hogan replied yes, during the summer months, but in the winter months there are more because they do not irrigate in those months. Councilmember Coplen asked staff which bills the new rate will be in effect. Chief Financial Officer Brian Hogan replied effective August 1st. Mayor Pro Tem Putnam asked staff if roughly 70 percent will see a lower cost. Chief Financial Officer Brian Hogan replied yes. Councilmember Short asked staff if that will be throughout the year, or just during the summer months. Chief Financial Officer Brian Hogan replied the summer months, with some going into October. Councilmember Short asked staff if the higher rate will be in effect during twelve months out of the year. Chief Financial Officer Brian Hogan replied the new rate will be in effect until the final rate study is completed, which we are hoping to have the new rate structure in December. Councilmember Coplen asked staff about the funding for water projects. Public Works Director Jeremy Hutt replied there have been several projects identified in the CIP, and the available and forecasted funding is considered when setting those priorities. Councilmember Coplen asked staff where they see public works at this time with the change after the study. Director Hutt replied all is considered when planning the five year program. He stated what is being proposed now would be considered neutral now until the rate study is completed. Councilmember Coplen asked staff if they feel comfortable with what is being proposed. Director Hutt replied yes, with making the revenue and the resources work with CIP process. City Council Minutes June 21, 2016 City of Colleyville Page 8 Councilmember Taylor asked staff about the pro rata cost to the debt service to TRA based on some volumetric, and when are we charged for that. Chief Financial Officer Brian Hogan replied there are five cities who purchase their treated water from TRA, and the pro rata debt is based on the volumetric charges of how much water is purchased which is dependent of consumption. He added the same methodology occurs with wastewater. He stated those charges occur in December. Councilmember Taylor asked staff if this removes the conservation element of the current program, not what is being proposed. Chief Financial Officer Brian Hogan replied correct. Councilmember Taylor asked staff if that will increase the consumption cost. Chief Financial Officer Brian Hogan replied yes, if our volumes increase. Mayor Newton asked staff what is Colleyville’s percentage of TRA’s cost. Chief Financial Officer Brian Hogan replied Colleyville is at 23 percent of the five cities. Councilmember Coplen asked staff about the demographics of the tiers, which ones are over 65. City Manager Jennifer Fadden replied staff does not maintain that level of detail on the utility customers. Chief Financial Officer Brian Hogan replied staff would have to look at the meter type. Councilmember Lindamood asked staff to compare the over 65 residents who have the larger lots. Chief Financial Officer Brian Hogan replied not being sure how to get that information. Mayor Newton opened the public hearing at 8:13 p.m. George Dodson, 7309 Balmoral Drive, spoke in support of the $4.36 water rate. Mike Brown, 508 Bandit Trail, spoke in opposition to this ordinance with concerns of proceeding with a rate change without a rate study, and deferring infrastructure improvements. David Medlin, 605 Montreux Avenue, spoke in support of the $4.36 water rate. Kathy Hadley, 204 Timberline Drive North, spoke in support of the $4.36 water rate. The following persons did not wish to speak, but did wish to register their support: John and Rachel Donnell, 5712 Sycamore Drive; Charles Kelley, 705 Hillside; Lola Lawrence, 4105 Greenway Court; Sam Van Bever, 4105 Crest Court; Tom Aikens, 4500 Dartmoore Lane; and Claudia Bevill, 119 Cheek-Sparger Road. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:25 p.m. City Council Minutes June 21, 2016 City of Colleyville Page 9 Councilmember Lindamood questioned staff about how many gallons were released last year by draining the water tanks. Public Works Director Jeremy Hutt replied water demand does fluctuate, especially during a very hot summer. He stated water age is monitored regularly so that we maintain good quality water in the tanks. He added there are times when there is a lot of water in reserve which has to be flushed. Councilmember Taylor asked staff if he was the original Public Works director when the tiered water structure went into effect. Director Hutt replied no. Councilmember Taylor asked staff if we paid a lot of money for the previous water study. Director Hutt replied this is a great study in which staff uses to develop the CIP, which in turn drives the infrastructure projects. Councilmember Taylor asked staff if this study determined the cost of the replacement of the infrastructure at two percent a year. Director Hutt replied correct, the actual water and wastewater master plan is a much more detailed look at all of the infrastructure with several recommended projects. Councilmember Lindamood asked staff if we have funding in place for the 2015- 2016 CIP projects. Director Hutt replied yes. Councilmember Lindamood asked staff if all of those projects were finished. Director Hutt replied they do not necessarily fall in the fiscal year. Councilmember Lindamood asked staff if those projects were not completed because of a lack of personnel. Director Hutt replied correct, in reference to some of the 2015 street CIP projects. Mayor Newton reopened the public hearing at 8:49 p.m. Steve Waltens, 716 Duns Tew Path, spoke in support of the $4.36 water rate. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:54 p.m. This is a first reading, therefore City Council did not take any action. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4005 Approval of soliciting Requests for Proposals for City Attorney services Mayor Newton read Resolution R-16-4005 in its entirety. City Council Minutes June 21, 2016 City of Colleyville Page 10 City Manager Jennifer Fadden presented this item and briefed the City Council. Councilmember Coplen asked Mayor Newton about the timeline for when this item was placed on the agenda. Mayor Newton explained he requested with the city manager for this item to be placed on the agenda. Councilmember Short asked Mayor Newton if a proposal is not being sought after, through the RFP process, from the current city attorney’s office. Mayor Newton replied correct. Councilmember Short asked Mayor Newton if that decision has already been made. Mayor Newton replied the resolution will be voted on by the entire City Council. Councilmember Taylor asked Mayor Newton about his reasons for wanting to release the current city attorney. Mayor Newton explained there were a few items he disagreed on that the city attorney has done: 1) a client privileged document was released to the public during the discussions of the Glade Road project, but could not find a resolution authorizing the document to be released, and he disagreed with the information in the memo; 2) all documented recusals, some were correct and some were not; 3) the change when City Council changed from R20 zoning in one meeting, to a PUD zoning in the next, which technically broke City processes. Mayor Newton opened the public hearing at 9:09 p.m. The following persons did not wish to speak, but did wish to register their support: Charles and Dee Kelley, 705 Hillside. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:09 p.m. Mayor Pro Tem Putnam made a motion to approve Resolution R-16-4005. Councilmember Lindamood seconded the motion. The motion carried with the following vote: Aye: 4 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, and Bobby Lindamood Nay: 3 – Councilmembers Jody Short, Nancy Coplen, and Mike Taylor 6b Resolution R-16-4006 Approval to award an economic development incentive grant to Craft & Crab Colleyville, LLC City Council Minutes June 21, 2016 City of Colleyville Page 11 Mayor Newton read Resolution R-16-4006 in its entirety. Deputy City Manager Chris Fuller presented this item and briefed the City Council. Mayor Newton opened the public hearing at 9:13 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:13 p.m. Mayor Pro Tem Putnam thanked the applicant, Julia Barth, for her diligence with working toward a restaurant concept the larger community would embrace. Councilmember Coplen concurred with Mayor Pro Tem Putnam, and stated this restaurant will be a great family friendly environment. Councilmember Lindamood stated this restaurant will be a great concept, and the applicant is a long time Colleyville resident. Councilmember Nakamura stated the applicant is also named Chris Putnam; however, it is not Mayor Pro Tem Putnam. Mayor Pro Tem Putnam made a motion to approve Resolution R-16-4006. Councilmember Coplen 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 6c Resolution R-16-4007 Approval of establishing a Charter Review Committee, appointing members, providing committee responsibilities, and selecting a reporting period Mayor Newton read Resolution R-16-4007 in its entirety. Mayor Newton opened the public hearing at 9:22 p.m. George Dodson, 7309 Balmoral Drive, spoke in support of this request, especially the term limits, and further recommended that when an individual has served, they should stay out for a year or two to provide an opportunity for others to serve. City Council Minutes June 21, 2016 City of Colleyville Page 12 Mark Henderson, 302 Oaklawn Drive, spoke in support of this request, and further recommended that the Committee should have all 14 members as recommended by each City Councilmember, to not limit it to seven. The following persons did not wish to speak, but did wish to register their support: Charles and Dee Kelley, 705 Hillside. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:27 p.m. Councilmember Lindamood made a motion to approve Resolution R-16- 4007 with the following persons appointed to the Charter Review Committee: Steve Waltens, Nelson Thibodeaux, David Medlin, Claudia Bevill, Tim Weymuth, Rich Hendler, Shirley Schollmeyer, and Vince Hawkins; and Frank Carroll as Chair, and Michael Muhm as Vice Chair. Mayor Pro Tem Putnam seconded the motion. Mayor Newton stated he would like for the Charter Review Committee to make recommendations so that City Council can call an election for November. He added the process will move quickly in order to meet the deadlines for calling the election. Councilmember Taylor asked Mayor Newton if City Council will further vote on the Charter Committee recommendations. Mayor Newton replied yes, once the committee has made the recommendations, they will report to the City Council. Councilmember Taylor asked Mayor Newton if the committee will have to use the recommendations outlined in the resolution, or are you specifically telling them what to do. Mayor Newton replied the resolution provides a way in which the committee can discuss the wording, and can advise City Council on their recommendations. Councilmember Taylor offered a friendly amendment to the motion to include the counties of Dallas and Denton to Section 5(k)(i). Councilmembers Lindamood and Mayor Pro Tem Putnam accepted the amendment to the motion. Councilmember Coplen asked Mayor Newton if these items will be separated on the ballot. Mayor Newton replied yes, the subjects are required to be separated by law. 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 City Council Minutes June 21, 2016 City of Colleyville Page 13 7. COUNCIL DISCUSSION ITEMS Update on the status and activities of the Regional Transportation Council (RTC) - Councilmember Mike Taylor Councilmember Taylor presented this item and briefed the City Council. Mayor Newton asked Councilmember Taylor about how the item was placed on their agenda. Mayor Pro Tem Putnam asked Councilmember Taylor if there was a presentation made on this item at the RTC meeting. Councilmember Taylor replied yes, and the approved resolution was presented. He added he had previously sent the City Council the approved resolution. Mayor Newton stated he is going to send a letter to each of the Mayors, who represent the RTC, explaining Colleyville’s position and to further convince them to join Colleyville in our opposition. He stated we would then have a bigger influence. He added being surprised Colleyville was not given an opportunity to represent themselves at that meeting. Mayor Pro Tem Putnam asked Councilmember Taylor about the source and terms of the loan. Councilmember Taylor replied the source of the loan is the regional toll road, RTR fund, that is about $1.5 billion, and that is earning .25 percent. He added the RTR funds qualify for rail, related to transit projects. Mayor Pro Tem Putnam asked Councilmember Taylor about the balance today that RTC is solving for. Councilmember Taylor stated all he spoke to is the $80 million; the status of that is they have a full funding grant agreement at $499 million. Mayor Newton told Councilmember Taylor that he would like to understand if there are any loopholes relative to state funding. Mayor Pro Tem Putnam stated he does not understand why we have a representative on the RTC who does not support our formal action, and he asked for staff to help us to better understand this. Mayor Newton stated the 10 representative cities have chosen and voted by letter to appoint Councilmember Taylor, which is an RTC process, and there is no process that he is aware of in which we can change that representative, at this point. Councilmember Lindamood asked Councilmember Taylor if he would be willing to give up his seat for Mayor Pro Tem Putnam to represent. Councilmember Taylor replied it is not his decision to make. City Council Minutes June 21, 2016 City of Colleyville Page 14 Mayor Newton stated the City Council is counting on Councilmember Taylor to represent the City, and he understands the predicament, and he stated he will be going to future meetings. Mayor Newton stated he would like for Councilmember Taylor to communicate, to Mr. Morris, that it was inappropriate for them/him to place the item on their agenda without letting Colleyville know. Mayor Newton asked for staff to explain why Colleyville has been giving money to TRE. City Manager Jennifer Fadden replied since the inception of the TRE, which runs from downtown Dallas to downtown Fort Worth, there are nine cities who have provided annual funding for operating costs based on ridership counts for their communities. She stated the ridership counts have been gathered through license plate surveys. Mayor Newton explained that while going through the budget process, he noticed that since we do not have an Interlocal Agreement, Colleyville will no longer be providing that funding. Mayor Newton explained that this item was not a public hearing item, it was a discussion item; therefore, the speaker card for Kathy Hadley, 204 Timberline Drive North, was not available to be discussed. Ms. Hadley acknowledged. 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mike Brown, 508 Bandit Trail, spoke about the resolution permanent barring of the train station, but what if something in the future changes? He stated he is curious about what permanent means. He added he appreciates their feedback about the utility rates. Mayor Newton replied the answer to “permanent” means as long as that resolution stands. Kathy Hadley, 204 Timberline Drive North, stated she appreciates the markers on Jackson Road; however, the grass is now so tall no one can see the markers. She stated having concerns about the increase in gas rates approved earlier this month, especially since her last gas bill was really high. She then reminded Councilmember Taylor about his campaign promises to preserve Colleyville, and that the trains were always here, but not the freight trains blowing through Colleyville. She added she believes Colleyville residents should be properly represented. Steve Waltens, 716 Duns Tew Path, expressed his appreciation to the recently elected City Councilmembers and Mayor Pro Tem Putnam for their honesty and of them being good stewards of Colleyville citizen’s money. He expressed his appreciation for being nominated to serve on the Charter Committee. He stated being concerned about the ethics of Councilmember Taylor who voted in City Council Minutes June 21, 2016 City of Colleyville Page 15 opposition of the resolution, yet he represents Colleyville in that spot. He asked for Councilmember Taylor to recuse himself from that position, and someone in favor of that position replace him. David Medlin, 605 Montreux Avenue, stated the TexRail really bothers him, and the City Councilmembers should represent the Colleyville citizens. He stated he wonders if the other Mayors really support the project like Colleyville really does not. He stated Colleyville does not want a rail, as it is about wasting the tax payers dollars forever. 9. REPORTS Planning and Zoning Commission Meeting Minutes - May 9, 2016 Monthly Financial Report - May 2016 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 21, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4008 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Pro Tem Putnam made a motion to adjourn. Councilmember Taylor seconded. Adjournment approved by acclamation. Mayor Newton adjourned the regular City Council meeting at 10:15 p.m. Mayor Newton reconvened the Executive Session at 10:25 p.m. There were no decisions made or action taken during this time. The Executive Session was adjourned at 10:51 p.m. Mayor Newton reconvened the Pre Council meeting at 10:51 p.m. PC-3 Discussion and presentation on current Capital Improvement Projects Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Newton asked staff if a 10 foot trail is proposed on the east side of Pleasant Run Road. Director Hutt replied correct. City Council Minutes June 21, 2016 City of Colleyville Page 16 Mayor Pro Tem Putnam asked staff if the trail cost is $300,000. City Manager Jennifer Fadden replied it is budgeted at $300,000 in the CEDC. Mayor Newton asked staff if the trail will connect to anything at the roundabout. Director Hutt replied not at this time. Mayor Newton asked staff about the trail plan. Director Hutt replied the trail runs all the way up Pleasant Run Road to Southlake. Councilmember Lindamood asked staff if there would be a cost reduction with a smaller sidewalk. Director Hutt replied yes, and they will take a similar approach, like reducing the width when there are trail restrictions. Mayor Newton stated Pleasant Run Road is a high priority. Councilmember Coplen agreed. Mayor Pro Tem Putnam asked staff if they wish to pause to consider the larger design of the project, rather than full redevelopment, as opposed to a rehabilitation project. Director Hutt replied no, basically opening up for suggestion, with a concern to having several maintenance projects. Mayor Pro Tem Putnam asked staff about expanding the limits of the John McCain road rehabilitation project. Director Hutt replied possibly extending the project to a different cross street, or extending it all the way to SH26. Mayor Pro Tem Putnam asked staff if there is funding to do it. Director Hutt replied it is something to consider for the FY17 budget. City Manager Jennifer Fadden added or reprioritize. Mayor Newton stated John McCain is not in good shape. Councilmember Short stated he would want this one too. Mayor Pro Tem Putnam asked if the retaining wall on Bedford Road is the City’s wall. Director Hutt replied yes. Councilmember Coplen asked staff if the wall is wood. Director Hutt replied yes. Councilmember Taylor asked staff how we own that wall. Director Hutt replied it is in the right-of-way, and staff has done some research and everything indicates the City owns the wall. Mayor Pro Tem Putnam asked staff if they are confident that the City owns that wall. Director Hutt replied staff is fairly confident, as it was included in the 2005 bond. Councilmember Taylor asked staff if this wall was going to be addressed with the Heritage Farm development. Director Hutt replied the roundabout is going to be City Council Minutes June 21, 2016 City of Colleyville Page 17 addressed, but not the wall. He added staff was going to coordinate the efforts to accomplish both at the same time. Councilmember Taylor asked staff if the wall will be smooth concrete. Director Hutt replied no, staff is looking at a couple of options to present to City Council for final approval. Councilmember Coplen asked staff about the 2005 bond. Director Hutt replied it was included in the 2005 bond; however, it did not pass. Mayor Pro Tem Putnam asked staff about the cost to rehabilitate Cheek-Sparger Road. Director Hutt replied about $400,000 without curb and gutter. Mayor Newton asked staff why this project is such a priority. Director Hutt replied it is a priority because of the pavement condition. He added if we want to do a maintenance project to address the pavement, we could buy several years with that type of treatment. Mayor Newton and Mayor Pro Tem Putnam agreed, and Mayor Pro Tem Putnam added it makes sense to look at this project with more of a formal design. Mayor Newton asked staff if it could be done with TIF funds. City Manager Jennifer Fadden replied yes, full depth reclamation. Mayor Pro Tem Putnam stated he would like for Cheek-Sparger Road to be considered as a rehab project. Mayor Newton replied he would like to look at it too. Mayor Pro Tem Putnam asked staff if we could open this back out for bid once the contractors are not so backed up. Parks Manager Heather Dowell replied sure, but since then staff has figured out a way to make this work by simplifying the scope and to split the bid by soil and irrigation. She added we now have the project to just a little over budget by $3,445, but we can cover this within the athletic budget. She stated the project is slated to open a little later in the soccer season, by September 6. Councilmember Short asked staff if the top portion of the field will be open. Manager Dowell replied yes, once the large machinery is moved. Mayor Newton asked staff if the top portion of the field is lit. Manager Dowell replied no. Councilmember Coplen replied she is excited about this project. PC-4 Presentation on residential irrigation system evaluations Public Works Director Jeremy Hutt presented this item and answered questions. City Council Minutes June 21, 2016 City of Colleyville Page 18 Councilmember Taylor asked staff who will pay for this program. Director Hutt replied the Tarrant Regional Water District, and there is no charge to Colleyville or the residents. Mayor Pro tem Putnam asked staff about who gets the revenues from the third party contractor through the W.I.S.E Guys program. Director Hutt replied it will be a private arrangement for the homeowner to schedule with those contractors; however, they are not required to do so. He added the homeowners are given a free evaluation through this program. Councilmember Short asked staff if the contractors have certain qualifications. Director Hutt replied yes, they are licensed irrigators and they must go through the W.I.S.E Guys program. Councilmember Short asked staff if we do this program, are we endorsing them. Director Hutt replied no, we are not proposing to fund the rebate program, just get it up and running. Mayor Pro Tem Putnam asked staff if this program will help to drive the heat off of staff, such as direction to help find leaks or understand why the resident’s bills are high. Director Hutt replied it will give staff a resource to direct the resident. Councilmember Nakamura stated she understood this program would provide rain sensors at no charge to the resident. Director Hutt replied he had not heard that, but it could be a recommendation the program has for the homeowner, or done with another city. He stated there was a rebate offered several years ago for rain sensors. City Manager Jennifer Fadden added staff will check into that. Mayor Newton adjourned the Pre Council meeting at 11:30 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 12TH DAY OF JULY 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary