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HomeMy WebLinkAboutCity Council-Minutes-9/6/2016 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, September 6, 2016 CITY COUNCIL WORKSESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER AND ROLL CALL WS-1 Demonstration of online utility billing software WS-2 Discussion of sign ordinance relative to directory signage WS-3 Discussion of the September 6, 2016, City Council regular agenda items EXECUTIVE SESSION 6:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER AND ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with the City Attorney regarding litigation - City of Colleyville and City of Keller v. Michael S. Newman Section 551.071 - Legal - Consultation with the City Attorney regarding litigation - Adam Flores v. City of Colleyville Section 551.071 - Legal - Consultation with and legal advice from the City attorney regarding parking requirements for businesses along SH26 Section 551.071 - Legal - Consultation with and legal advice from the City Attorney regarding Tex Rail plans/design, environmental impact statement, and proposed mitigation measures City Council Agenda September 6, 2016 City of Colleyville Page 2 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Discussion of legal services for the City of Colleyville 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: 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-16-4028 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-16-4029 4a Approval of the minutes of the City Council Worksession of August 10, 2016 4b Approval of the minutes of the regular City Council meeting of August 16, 2016 4c Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2017-2021 (FY 2017-2021) of the Colleyville Economic Development Corporation 4d Approval of the annual review and updates to the City of Colleyville Investment Policy 4e Approval of authorized broker / dealers for investment purchases City Council Agenda September 6, 2016 City of Colleyville Page 3 4f Approval of a janitorial services contract with Oriental Building Services, Inc., in an amount not to exceed $136,813.17, and authorize the city manager to execute the contract, subject to the approval of funding in the Fiscal Year 2017 (FY 2017) budget 4g Approval of a five year term service agreement with Trane Service Group, utilizing the U.S. Communities Government Purchasing Cooperative, to provide for the inspection, maintenance, and repair of the HVAC system in the Colleyville City Hall and Public Library, in an amount not to exceed $134,627.76, and authorize the city manager to execute the agreement 4h Approval of a five year term service agreement with Trane Service Group, utilizing the U.S. Communities Government Purchasing Cooperative, to provide for the inspection, maintenance, and repair of the HVAC system at the Justice Center, in an amount not to exceed $264,668.12, and authorize the city manager to execute the agreement 4i Approval of the first renewal term for the Combined Public Safety Dispatching and Jail Services for the cities of Colleyville, Keller, and Southlake, and authorize the city manager to execute the agreement 4j Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2016, in the amount of $45,000 4k Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1985 Consideration of a Special Use Permit for Food Packaging and Manufacturing on Lot 8R, Block 1, of the Industrial Park Addition, located at 1904 Industrial Boulevard, Case ZC16-010 5b Ordinance O-16-1986 Consideration of an ordinance amending Appendix A - Water and Sewer Policy Manual, Section 8 Financial Management, of the Colleyville, Texas, Code of Ordinances, modifying the transfers from the Utility Fund to the General Fund City Council Agenda September 6, 2016 City of Colleyville Page 4 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-16-1987 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2017 (FY 2017) Budget 6b Ordinance O-16-1988 Amending Ordinance O-15-1967 relating to the Fiscal Year 2016 budget 6c Ordinance O-16-1989 Adoption of the proposed Fiscal Year 2017 (FY 2017) budget 6d Ordinance O-16-1990 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2017 (FY 2017) 6e Ordinance O-16-1991 Approval to amend Sec. 2-26 of the Colleyville, Texas, Code of Ordinances, setting fees and charges for City services 6f Ordinance O-16-1992 Approval of an ordinance to reappoint Judge Sara Jane Del Carmen as the Regional Municipal Court Judge, reappointing an Associate Municipal Court Judge, and approving the Second Amendment to the Regional Municipal Court Judge Agreement 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-16-4030 Consideration of a resolution to establish and provide a scope for an ad hoc committee to review utility rates 7b Resolution R-16-4031 A resolution approving a payment to Lakewood Estates Homeowners Association in an amount equal to the refund the City of Colleyville received from Oncor for duplicate payment for electricity for streetlights in Lakewood Estates 7c Resolution R-16-4032 Consideration of filling the Place 1 position on the Zoning Board of Adjustment, with Alternate 1, and filling the Alternate 1 position with the Alternate 2 City Council Agenda September 6, 2016 City of Colleyville Page 5 8. RESOLUTION(S): TABLED 8a Resolution R-16-4026 Consideration of tabled Resolution R-16-4026 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS Colleyville Center Advisory Committee Minutes of May 16, 2016 Colleyville Library Board Minutes of June 13, 2016 Annual activity report of the Colleyville Economic Development Corporation Quarterly investment report for the quarter ended June 30, 2016 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 6, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4033 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 2, 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, September 6, 2016 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, September 6, 2016, at 5:30 p.m. in the Executive Conference Room. 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, Community Development Director Ben Bryner, Principal Planner Shane Pace, 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, City Attorney Matthew Boyle, and City Secretary Amy Shelley WS-1 Demonstration of online utility billing software Theresa Bentley, Paymentus, provided an online demonstration of the utility billing software. Councilmember Nakamura asked staff if there is an option for the customer to state they no longer want paper bills. Chief Financial Officer Brian Hogan replied they do not have that option, currently. Ms. Bentley added it is a feature the software can add as soon as the City is ready for that feature. Mayor Newton asked Ms. Bentley what are the terms and conditions they are agreeing to when setting up an account. Ms. Bentley replied the terms and conditions are standard and they include information such as privacy, security, policy, refunds, etc. and those have to be accepted. Councilmember Lindamood asked Ms. Bentley if personal information will be shared. Ms. Bentley replied no. Councilmember Short asked Ms. Bentley if the online bill pay default could be “due date” versus “pay now.” Ms. Bentley replied yes. Chief Financial Officer Brian Hogan added staff will work with the project manager to address the City Council’s preferences. City Council Minutes September 6, 2016 City of Colleyville Page 2 Councilmember Nakamura asked Ms. Bentley if there is a cut off time on the due date. Ms. Bentley replied by 5:00 p.m., the transaction will be processed within that time frame. Councilmember Nakamura asked Ms. Bentley if the customer chooses to “pay later,” will it default to the due date. Ms. Bentley replied there would not be an option to pay after the due date, or late. Councilmember Taylor asked Ms. Bentley about the transaction time. Ms. Bentley replied the transaction happens immediately and is processed the same day as long as it is done prior to 5:00 p.m. She added if processed after 5:00 p.m., the customer will be assessed a late fee. Councilmember Lindamood suggested having the 5:00 p.m. deadline next to the button for “pay now or pay later.” Councilmember Coplen asked Ms. Bentley if the customer can still pay by draft. Ms. Bentley replied yes. Mayor Newton asked Ms. Bentley if they can add a button, “due date” and if it can be grayed out after the due date, so that it is not available. Ms. Bentley replied yes. Mayor Newton asked Ms. Bentley if the credit card information is stored or dumped. Ms. Bentley replied all card information is stored in “My Wallet” and the software stores the information in an encrypted manner. Councilmember Nakamura asked Ms. Bentley if the convenience fee is a flat fee not a percentage. Ms. Bentley replied yes. Councilmember Short asked staff if the fee is typically charged by municipal governments relative to credit cards. Chief Financial Officer Brian Hogan replied it depends on the credit card processor based on the software services. Councilmember Coplen asked Ms. Bentley if a customer can view their bills online, even if they are not using the online service. Ms. Bentley replied the customer does not have to pay online, but they can set up an online account. Mayor Newton asked Ms. Bentley if the bills are PDF renditions. Ms. Bentley replied yes. Councilmember Short asked Ms. Bentley if the customer’s usage is available. Ms. Bentley replied yes, the usage is on the front page. She stated there will eventually be 13 months loaded. City Council Minutes September 6, 2016 City of Colleyville Page 3 Mayor Newton asked Ms. Bentley how the voluntary fee contributions are handled through the payment portal. Ms. Bentley replied we process what is sent to us, and we will display what is set up. Mayor Newton asked Ms. Bentley if the citizen can change the amount they want to pay for the voluntary contribution. Ms. Bentley replied yes. Councilmember Taylor asked staff if there is a late fee for not paying the voluntary fee contribution. Chief Financial Officer Brian Hogan replied staff runs a settlement report to ensure the late fees are not being assessed to the voluntary contributions. Mayor Newton asked staff if all of the late fees are tracked. Chief Financial Officer Brian Hogan replied yes. Councilmember Nakamura asked staff how the customer knows about the voluntary fee. Chief Financial Officer Brian Hogan replied it is marked on the bill. Utility Billing Supervisor Theresa Fox further explained the utility billing process relative to the voluntary fee contribution. Mayor Newton asked Ms. Bentley if the customer will be directed to the online billing, from Colleyville’s website. Ms. Bentley replied yes. City Manager Jennifer Fadden added there will be a “Make a Payment” button available on the new website. Mayor Newton asked Ms. Bentley if customers can go to the payment site independently from Colleyville’s website. Ms. Bentley replied yes, they will have to save the URL address for the next time they use the site. Councilmember Short asked Ms. Bentley if the email notification the customer receives will have a link to the online payment website. Ms. Bentley replied it can be added. Councilmember Taylor asked Ms. Bentley if customers can receive an email and text when their bills are ready. Ms. Bentley replied currently only one option is available, not both. Mayor Newton asked Ms. Bentley if there is a City portal. Ms. Bentley replied yes. Mayor Newton asked Ms. Bentley if all data will be loaded. Ms. Bentley replied yes, the City can look at the account to look up a payment, schedule a payment, pull accounts to see payment dates and history. She added no one will see credit card information. City Council Minutes September 6, 2016 City of Colleyville Page 4 Mayor Newton asked Ms. Bentley if the citizens will have the option of paying by check, credit card, or bank draft. Ms. Bentley replied yes, and staff will only know what has or has not been paid. Mayor Newton asked staff if they reconcile the payments. Chief Financial Officer Brian Hogan replied yes. Mayor Newton asked staff about how much testing has been done. Chief Financial Officer Brian Hogan replied Utility Billing Supervisor Theresa Fox has been doing a ton of testing with an anticipated roll out date of October 3, 2016. Ms. Bentley replied her group also does testing on the Paymentus side as well. WS-2 Discussion of sign ordinance relative to directory signage Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton stated not being comfortable with general regulations in the Land Development Code because of one application, especially since the code applies to the entire City. Councilmember Coplen suggested whatever is determined (sign, shape, size color, etc.) should be a branding for Colleyville. Councilmember Taylor asked staff if these would be placed on private streets. Director Bryner replied for this particular application, yes, private drives. Councilmember Taylor stated he would be supportive of something since these are on the applicant’s property and they make sense to the businesses. Mayor Newton stated we should think through the criteria for these types of signs. Mayor Pro Tem Putnam asked staff if the change includes limiting the size of the signs per square footage. Director Bryner replied it can. Councilmember Lindamood concurred with Councilmember Coplen in that the branding needs to be on there so that all will look alike. Councilmember Short asked staff if the sign regulations speak to sight distance. Director Bryner replied currently the code states the sign shall be placed 75 feet away from any street side property lines. Mayor Newton stated the concept is fine, but asked staff to revise the proposal and then bring it back to City Council for a future discussion. City Council Minutes September 6, 2016 City of Colleyville Page 5 WS-3 Discussion of the September 6, 2016, City Council regular agenda items Mayor Newton adjourned the worksession at 6:33 p.m. Mayor Richard Newton called the Colleyville City Council Executive Session to order on Tuesday, September 6, 2016, at 6:33 p.m. in the Executive Conference Room. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor 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, Section 551.074 Personnel and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with the City Attorney regarding litigation - City of Colleyville and City of Keller v. Michael S. Newman Section 551.071 - Legal - Consultation with the City Attorney regarding litigation - Adam Flores v. City of Colleyville Section 551.071 - Legal - Consultation with and legal advice from the City attorney regarding parking requirements for businesses along SH26 Section 551.071 - Legal - Consultation with and legal advice from the City Attorney regarding Tex Rail plans/design, environmental impact statement, and proposed mitigation measures Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Discussion of legal services for the City of Colleyville 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 City Council Minutes September 6, 2016 City of Colleyville Page 6 with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Executive Session was adjourned at 7:25 p.m. REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Regular Meeting to order on Tuesday, September 6, 2016, at 7:30 p.m. in Council Chambers. 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, Community Development Director Ben Bryner, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, 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 INVOCATION: Pastor Blake Wilson, Colleyville Assembly of God 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-16-4028 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 Mayor Newton announced the Colleyville Chamber of Commerce is seeking nominations for its First Responder of Distinction awards, which will honor one firefighter and one police officer. He encouraged people to submit a nomination to the Chamber. City Council Minutes September 6, 2016 City of Colleyville Page 7 Mayor Newton announced the National Night Out event scheduled for Tuesday, October 4, 2016, beginning at 6:30 p.m., and ending the evening with a softball game between police and fire. Assistant City Manager/Director of Public Safety Mike Holder added all of the proceeds from that evening will go to benefit the police and fire citizens’ alumni associations. Mayor Newton announced the Lion’s Club Hole-in-One Shoot Out on September 23 and 24, 2016. Mayor Newton announce the 8th Annual Empowering Seniors Expo by Commissioner Fickes, to be held on October 2, 2016 from 9:00 a.m. – 2:00 p.m. He stated additional information could be found on Tarrant County’s website. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-16-4029 4a Approval of the minutes of the City Council Worksession of August 10, 2016 4b Approval of the minutes of the regular City Council meeting of August 16, 2016 4c Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2017-2021 (FY 2017-2021) of the Colleyville Economic Development Corporation 4d Approval of the annual review and updates to the City of Colleyville Investment Policy 4e Approval of authorized broker / dealers for investment purchases 4f Approval of a janitorial services contract with Oriental Building Services, Inc., in an amount not to exceed $136,813.17, and authorize the city manager to execute the contract, subject to the approval of funding in the Fiscal Year 2017 (FY 2017) budget 4g Approval of a five year term service agreement with Trane Service Group, utilizing the U.S. Communities Government Purchasing Cooperative, to provide for the inspection, maintenance, and repair of the HVAC system in the Colleyville City Hall and Public Library, in an amount not to exceed $134,627.76, and authorize the city manager to execute the agreement 4h Approval of a five year term service agreement with Trane Service Group, utilizing the U.S. Communities Government Purchasing Cooperative, to provide for the inspection, maintenance, and repair of the HVAC system at the Justice Center, in an amount not to exceed City Council Minutes September 6, 2016 City of Colleyville Page 8 $264,668.12, and authorize the city manager to execute the agreement 4i Approval of the first renewal term for the Combined Public Safety Dispatching and Jail Services for the cities of Colleyville, Keller, and Southlake, and authorize the city manager to execute the agreement 4j Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2016, in the amount of $45,000 4k Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer Mayor Newton read Resolution R-16-4029 in its entirety. Strategic Services Manager Adrienne Lothery briefed the City Council on item 4c. Public Works Director Jeremy Hutt briefed the City Council on item 4f. Councilmember Nakamura asked staff if they see the other contracts sent to Arlington. Director Hutt replied it has not been a part of our practice to see the submittals; however, we could request to see them. He stated this one was determined to be the best valued contract. Councilmember Nakamura stated she wants to make sure we are getting bids on everything. Councilmember Lindamood stated being in favor of interlocal agreements; however, he would like to make sure the conflict of interest sheets are received. City Manager Jennifer Fadden stated staff does receive those forms for bids/purchases per state statute and will begin to include those with the agenda briefings. Mayor Newton asked staff if we normally use the contingency fee. Director Hutt replied the fee is reserved for special events or after hours cleaning. Public Works Director Jeremy Hutt briefed the City Council on item 4g. Mayor Newton asked staff about the two hour charges for emergency services, and is the two hours for each incident. Director Hutt replied the two hour response is for emergencies only, like an afterhour’s outage, is subject to the overtime rate. He stated preventative maintenance, or troubleshooting repairs are not subject to the overtime rates. City Council Minutes September 6, 2016 City of Colleyville Page 9 Mayor Newton asked staff about the reasoning for the contract going up eight percent for the first year. Director Hutt replied the cost history and preventative maintenance are evaluated, and the calculated risk, which is used to get the five year average cost, and then they establish the initial rate with a five percent increase each year after. Mayor Newton asked staff to explain how this rate/amount was arrived at. Director Hutt replied it is a calculation based on the units we have included in the agreement. Mayor Newton asked staff about the cooperative purchasing agreement and how that was completed. Director Hutt replied the cooperative purchasing program utilizes entities across the country, and was actually competitively bid in 2015 with a separate entity with the agreement to allow other members of the cooperative purchasing to utilize that agreement. Mayor Newton asked staff about the non-specified equipment repair, but is this equipment not listed in the contract or some component not listed. Director Hutt replied there are two large HVAC units covered in this agreement. He added there are items such as the VAB boxes, and the heating components that are covered elsewhere. He stated they want to clarify what is actually included in the two HVAC units. Public Works Director Jeremy Hutt briefed the City Council on item 4h. Mayor Newton asked staff what is the advantage to a five year agreement. Director Hutt replied a five year agreement locks the pricing in for a five year term. Assistant City Manager/Director of Public Safety Mike Holder briefed the City Council on item 4i. Mayor Newton asked staff about the three year average impact. Assistant City Manager/Director of Public Safety Mike Holder replied when we initially entered into the contract, we provided activity for 2009, and they utilized those numbers between the three cities, and based on that, a percentage of total cost was developed for operations. He stated the usage average went up significantly based on the original contract. Mayor Newton asked staff when the first true-up year was. Assistant City Manager/Director of Public Safety Mike Holder replied it would have been 2013, FY 2014, and then realized in 2015. Councilmember Lindamood asked staff why the contract is for so long. Assistant City Manager/Director of Public Safety Mike Holder replied because of the logistics it would take to start up our own facility, the equipment purchases, facility City Council Minutes September 6, 2016 City of Colleyville Page 10 upgrades, hiring the staffing, and finding the funding. He stated this was seen as a long term solution, and it is still seen as a longer term solution for the cities. Mayor Newton asked staff if there is a five percent limit and do we have five percent of the budget. Assistant City Manager/Director of Public Safety Mike Holder stated it comes into play with an estimate, and as the final numbers come in for the budget, they cannot go up more than five percent. Mayor Newton asked staff about the out-clause for the six year agreement. Assistant City Manager/Director of Public Safety Mike Holder replied 24 months, and this is the first five year renewal. Chief Financial Officer Brian Hogan briefed the City Council on item 4j. Mayor Pro Tem Putnam stated he has been on the Audit Committee for three years, and he does not see a need to follow a different process. He stated our tract record has been outstanding and the level of transparency has been excellent with the auditors. There was no discussion on item 4k. Mayor Newton opened the public hearing at 8:11 p.m. George Dodson, 7309 Balmoral Drive, spoke in support of item 4f. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:12 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4029. 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): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1985 Consideration of a Special Use Permit for Food Packaging and Manufacturing on Lot 8R, Block 1, of the Industrial Park Addition, located at 1904 Industrial Boulevard, Case ZC16-010 Mayor Newton read the caption of Ordinance O-16-1985. City Council Minutes September 6, 2016 City of Colleyville Page 11 Community Development Director Ben Bryner presented this item and updated the City Council. Mayor Newton opened the public hearing at 8:14 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:14 p.m. Councilmember Taylor made a motion to approve Ordinance O-16-1985. 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 5b Ordinance O-16-1986 Consideration of an ordinance amending Appendix A - Water and Sewer Policy Manual, Section 8 Financial Management, of the Colleyville, Texas, Code of Ordinances, modifying the transfers from the Utility Fund to the General Fund Mayor Newton read the caption of Ordinance O-16-1986. Chief Financial Officer Brian Hogan presented this item and briefed the City Council. Mayor Newton asked staff if this ordinance eliminates the transfer from the Utility Fund to the General Fund in an amount of about $1.2 million which is eight percent of the revenue. Chief Financial Officer Brian Hogan replied yes. Mayor Newton opened the public hearing at 8:17 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:17 p.m. Councilmember Taylor made a motion to approve Ordinance O-16-1986. Councilmember Lindamood seconded the motion. City Council Minutes September 6, 2016 City of Colleyville Page 12 The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Nancy Coplen, and Mike Taylor Nay: 1 – Councilmember Jody Short 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-16-1987 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2017 (FY 2017) Budget Mayor Newton read the caption of Ordinance O-16-1987. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:20 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:20 p.m. This is a first reading, therefore City Council will not take action. 6b Ordinance O-16-1988 Amending Ordinance O-15-1967 relating to the Fiscal Year 2016 budget Mayor Newton read the caption of Ordinance O-16-1988. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Pro Tem Putnam asked staff about the surplus amount. Manager Lothery replied she believes there will be several hundred thousand dollars. Mayor Newton opened the public hearing at 8:27 p.m. The following person did not wish to speak, but did wish to register his support: George Dodson, 7309 Balmoral Drive. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:27 p.m. City Council Minutes September 6, 2016 City of Colleyville Page 13 This is a first reading, therefore City Council will not take action. 6c Ordinance O-16-1989 Adoption of the proposed Fiscal Year 2017 (FY 2017) budget Mayor Newton read the caption of Ordinance O-16-1989. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:30 p.m. The following person did not wish to speak, but did wish to register his support: George Dodson, 7309 Balmoral Drive. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:30 p.m. This is a first reading, therefore City Council will not take action. 6d Ordinance O-16-1990 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2017 (FY 2017) Mayor Newton read the following: “This is the second of three public hearings which will be conducted regarding the tax rate: a third public hearing and vote on the proposed tax rate is scheduled during the regular City Council meeting on September 20, 2016. All City Council meetings are held in Council Chambers, located at Colleyville City Hall, 100 Main Street, Colleyville, Texas.” Mayor Newton read the caption of Ordinance O-16-1990. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:34 p.m. The following person did not wish to speak, but did wish to register his support: George Dodson, 7309 Balmoral Drive. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:35 p.m. This is a first reading, therefore City Council will not take action. City Council Minutes September 6, 2016 City of Colleyville Page 14 6e Ordinance O-16-1991 Approval to amend Sec. 2-26 of the Colleyville, Texas, Code of Ordinances, setting fees and charges for City services Mayor Newton read the caption of Ordinance O-16-1991. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:39 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:39 p.m. This is a first reading, therefore City Council will not take action. 6f Ordinance O-16-1992 Approval of an ordinance to reappoint Judge Sara Jane Del Carmen as the Regional Municipal Court Judge, reappointing an Associate Municipal Court Judge, and approving the Second Amendment to the Regional Municipal Court Judge Agreement Mayor Newton read the caption of Ordinance O-16-1987. Mayor Newton opened the public hearing at 8:41 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:41 p.m. This is a first reading, therefore City Council will not take action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-16-4030 Consideration of a resolution to establish and provide a scope for an ad hoc committee to review utility rates Mayor Newton read Resolution R-16-4030 in its entirety. Mayor Newton presented this item and briefed the City Council. Councilmember Coplen asked Mayor Newton about how the committee will be chosen. Mayor Newton suggested citizens will fill out applications and it will be up to City Council to solicit those applications. He stated with those applications, City Council will make appointments. City Council Minutes September 6, 2016 City of Colleyville Page 15 Councilmember Nakamura asked Mayor Newton if the form is currently online. Mayor Newton replied yes, and staff is making modifications to the application to include this committee. City Manager Jennifer Fadden added the application will be pushed to the website pending City Council’s direction this evening. Councilmember Taylor asked staff when City Council engaged Newgen Strategies & Solutions. City Manager Jennifer Fadden replied staff engaged the consultant, not City Council. Councilmember Taylor stated the resolution will need to be amended since City Council did not engage the consultant. Mayor Newton suggested revising Section 4(b) to read, “Review rate options that will recover the cost of service (operations, maintenance and new infrastructure required).” He stated this will define what “service” is. Mayor Newton opened the public hearing at 8:54 p.m. Mark Harrison, 1421 Douglas Avenue, spoke in opposition to this item. The following person did not wish to speak, but did wish to register his opposition: Karl Meek, 6204 Rock Dove Circle. The following person did not wish to speak, but did wish to register his support: George Dodson, 7309 Balmoral Drive. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:56 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4030 with an amendment to include the change from Whereas “City Council” to whereas “City staff” for the engagement of Newgen; and amend Section 4b to include: “Review rate options that will recover the cost of service (operations, maintenance, and new infrastructure required)”. Councilmember Nakamura seconded the motion. City Manager Jennifer Fadden asked Mayor Newton, for clarification, if it is the desire of City Council for staff to solicit applications for this committee through the application process, and if so, when would he like those back. Mayor Newton replied quickly. City Manager Jennifer Fadden asked Mayor Newton if he would like to make the committee appointments at the September 20, 2016 City Council meeting. Mayor Newton replied yes. Councilmember Short asked Mayor Newton if there are limitations to the committee to just look at the base rate or are they going to look at the volumetric City Council Minutes September 6, 2016 City of Colleyville Page 16 rate as well. Mayor Newton replied no, they are to consider all options presented by the consultant. 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 7b Resolution R-16-4031 A resolution approving a payment to Lakewood Estates Homeowners Association in an amount equal to the refund the City of Colleyville received from Oncor for duplicate payment for electricity for streetlights in Lakewood Estates Mayor Newton read Resolution R-16-4031 in its entirety. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton asked staff how long it took for this to process. Manager Lothery replied we began this in the spring. Mayor Newton asked staff if Lakewood Estates was the only one with a duplicate payment. Manager Lothery replied yes. Councilmember Taylor asked staff if there are other ways in which this could be happening. Manager Lothery replied street lights are not individually metered. She stated there is a tariff for street lights and they are grouped together. Mayor Newton opened the public hearing at 9:11 p.m. Chris Hawkins, 4944 Lakewood Drive, spoke in support of this item. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:15 p.m. Mayor Newton asked staff what Colleyville pays for street lights in private subdivisions. Manager Lothery replied Colleyville annually budgets $250,000 for all street lights. She added staff is in the process of working with the GIS department to get a map of all street lights across the City, whether in public or private subdivisions, to calculate costs. Councilmember Taylor made a motion to approve Resolution R-16-4031. Councilmember Lindamood seconded the motion. City Council Minutes September 6, 2016 City of Colleyville Page 17 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 7c Resolution R-16-4032 Consideration of filling the Place 1 position on the Zoning Board of Adjustment, with Alternate 1, and filling the Alternate 1 position with the Alternate 2 Mayor Newton read Resolution R-16-4032 in its entirety. Mayor Pro Tem Putnam asked Mayor Newton if the appointments are being made for the balance of this month. Mayor Newton replied yes. He added all boards, commissions, and committees will be discussed at the worksession scheduled for September 8, 2016. Mayor Pro Tem Putnam asked Mayor Newton if the rules would allow for the position to be vacant and have the alternate fill the position. Mayor Newton replied the resignation occurred, but whether we do this now or not, Alternate 1 will fill that vacant seat and act as part of ZBA. Mayor Pro Tem Putnam asked staff if we can allow the alternate to serve for the next meeting until City Council has the worksession. City Secretary Amy Shelley replied yes. Mayor Newton opened the public hearing at 9:28 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:28 p.m. Councilmember Coplen made a motion to table Resolution R-16-4032. Councilmember Nakamura 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, and Nancy Coplen Nay: 1 – Councilmember Mike Taylor City Council Minutes September 6, 2016 City of Colleyville Page 18 8. RESOLUTION(S): TABLED 8a Resolution R-16-4026 Consideration of tabled Resolution R-16-4026 Mayor Newton asked if there was a motion to remove this item from the table. Councilmember Taylor asked Mayor Newton if the questions relative to the tabled items have been resolved. Mayor Newton replied yes and Councilmember Lindamood concurred. Councilmember Taylor made a motion to remove Resolution R-16-4026 from the table. 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 Mayor Newton read Resolution R-16-4026 in its entirety. Mayor Newton opened the public hearing at 9:28 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:28 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4026. 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 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Louis Miller, 7802 Tillman Hill Court, spoke about water rates, taxes, density, and Charter amendments. Mark Harrison, 1421 Douglas Avenue, spoke about emails and the Chamber of Commerce. City Council Minutes September 6, 2016 City of Colleyville Page 19 Kathy Hadley, 204 Timberline Drive North, expressed her appreciation to Councilmembers Lindamood and Nakamura for looking out for the Colleyville taxpayers; keep the businesses local; the five foot wide sidewalk at City Park; a crosswalk at Timberline Drive North between the assisted living buildings; discussion of signs, need to help our businesses; help with residents garage sale signs; and using a trailer to transport people. Kathleen Hennessey, 5013 Stonebridge Drive, spoke about the Whitten Cemetery; the installation of AT&T cabling; her water test showing coliform bacteria; and drainage compliance. David Medlin, 605 Montreux Avenue, spoke about water rates; streetlights; fixed costs and variable revenues; Charter amendments; and the tax rate. 10. REPORTS Colleyville Center Advisory Committee Minutes of May 16, 2016 Colleyville Library Board Minutes of June 13, 2016 Annual activity report of the Colleyville Economic Development Corporation Quarterly investment report for the quarter ended June 30, 2016 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 6, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4033 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:51 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 20TH DAY OF SEPTEMBER 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary