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.
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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
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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.
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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
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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