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HomeMy WebLinkAboutCity Council-Minutes-9/20/2016 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 20, 2016 EXECUTIVE SESSION 3:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER AND ROLL CALL EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney (City Attorney interviews) WORKSESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER AND ROLL CALL WS-1 Communications overview and website demonstration WS-2 Discussion of sign ordinance relative to directory signage WS-3 Discussion of the September 20, 2016, City Council regular agenda items EXECUTIVE SESSION 6:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER AND ROLL CALL City Council Agenda September 20, 2016 City of Colleyville Page 2 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the economic development director 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 Martin Richardson, Crown of Life 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-16-4034 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of the Charter Review Committee - Mayor Richard Newton In recognition of Colleyville's Featured Business of the Month - O'Reilly Auto Parts, 4501 Colleyville Boulevard, Store Manager Tommie Thomas - Mayor Richard Newton and SH26 Project Coordinator James Hubbard City Council Agenda September 20, 2016 City of Colleyville Page 3 4.CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4035 4a Approval of the minutes of the City Council worksession on August 23, 2016 4b Approval of the minutes of the City Council worksession on August 24, 2016 4c Approval of the minutes of the Special City Council meeting on August 25, 2016 4d Approval of the minutes of the City Council worksession on August 25, 2016 4e Approval of the minutes of the regular City Council meeting on September 6, 2016 4f Approval of the minutes of the City Council worksession on September 8, 2016 4g Approval of Professional Service Agreements with Beacon Emergency Services Team, P.A. d/b/a BEST EMS for a medical director and instructional services, in a combined total amount not to exceed $21,473, and authorize the city manager to execute the agreements 4h Approval of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $167,372.50, and authorize the city manager to execute same, and any associated change orders, in an amount not to exceed 25% of the original contract price, subject to the approval of funding in the Fiscal Year 2017 (FY 2017) budget 4i Approval of a contract renewal for the Horticultural Grounds Maintenance Contract to the Lawn Firm, in an amount not to exceed $162,324, and authorize the city manager to execute the contract, and any associated change orders, in an amount not to exceed 25% of the original contract amount, subject to the approval of funding in the Fiscal Year 2017 (FY 2017) budget 4j Approval of an Interlocal Purchasing Agreement between the City of Colleyville and the North Central Texas Council of Governments (NCTCOG) for the purchase of products and services through the North Texas SHARE Program, and authorize the city manager to execute the agreement 4k Approval to renew the annual license agreement with Incode Court software, with Tyler Technologies, for the Joint Municipal Courts of Colleyville and Keller with a first year cost of $28,943, and authorize the city manager to execute the agreement City Council Agenda September 20, 2016 City of Colleyville Page 4 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1987 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2017 (FY 2017) Budget 5b Ordinance O-16-1988 Amending Ordinance O-15-1967 relating to the Fiscal Year 2016 budget 5c Ordinance O-16-1989 Adoption of the proposed Fiscal Year 2017 (FY 2017) budget 5d Ordinance O-16-1990 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2017 (FY 2017) 5e Ordinance O-16-1991 Approval to amend Sec. 2-26 of the Colleyville, Texas, Code of Ordinances, setting fees and charges for City services 5f 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 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4036 Approval of a resolution to ratify the property tax increase as reflected in the Fiscal Year 2017 Budget 6b Resolution R-16-4037 Adoption of the Fiscal Year 2017 to 2021 Capital Improvement Program (CIP) 6c Resolution R-16-4038 Approval of a resolution to appoint citizens to the Water and Wastewater Rate Advisory Committee 7. TABLED: RESOLUTION(S): 7a 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 20, 2016 City of Colleyville Page 5 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Minutes - August 8, 2016 Zoning Board of Adjustment Minutes - August 9, 2016 Monthly Financial Report - August 2016 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 20, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4039 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 16, 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 20, 2016 Mayor Richard Newton called the Executive Session meeting of the Colleyville City Council to order on Tuesday, September 20, 2016, at 3:15 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 Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.074 Personnel. He further explained there would be no decisions made or action taken during this time. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney (City Attorney interviews) Executive session was recessed at 5:15 p.m. Mayor Richard Newton called the worksession of the Colleyville City Council to order on Tuesday, September 20, 2016, at 5:32 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, Community Development Director Ben Bryner, 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 City Council Minutes September 20, 2016 City of Colleyville Page 2 WS-1 Communications overview and website demonstration Communications and Marketing Coordinator Dustin Dangli presented this item and briefed the City Council. Mayor Pro Tem Putnam asked staff how to register for CodeRed. Coordinator Dangli replied you can register online. Mayor Pro Tem Putnam asked staff if people sign up through the City’s website. Coordinator Dangli replied yes. Mayor Newton asked staff if this tool can target specific areas. Fire Chief Brian Riley replied they can target specific areas within the City. Mayor Newton asked staff how they are able to target specific areas. Coordinator Dangli replied citizens register their contact information which helps to target specific areas, when necessary. Mayor Newton asked staff if this was the first year there were other items at the State of the City event. City Manager Jennifer Fadden replied the same open house format has been taking place every year, except for the first year. City Manager Jennifer Fadden asked City Council if they would like to continue with the same format that was done in 2016. City Council replied yes. Councilmember Nakamura asked staff how many people came last year. Coordinator Dangli replied staff did not do head counts, but he estimated there were 100 to 140 each year. Mayor Newton asked staff how much effort it takes. City Manager Jennifer Fadden replied a lot. Councilmember Coplen stated it is a good presentation, and sorry that it is a lot of work. Councilmember Nakamura asked City Manager Jennifer Fadden if she presented last year. City Manager Jennifer Fadden replied it was videographed through a professional producer; however, we wrote the script and staged the shots. Councilmember Nakamura asked staff if any input has been received on whether people liked the video or just want staff to present. City Manager Jennifer Fadden replied people liked both formats. Mayor Newton asked staff about the philosophy and strategy to communicate to the community, and how the tools are used for those objectives. Coordinator Dangli replied our goal is to use the resources we have and work closely with the other departments to take care of the initiatives of City Council. City Council Minutes September 20, 2016 City of Colleyville Page 3 Mayor Newton asked City Council about their desire to communicate with citizens. Councilmember Nakamura stated she wants to reach as many people as we can. Councilmember Coplen stated there are elements to communicate such as this is what is going on; this is what we are doing the next three months; the overall vision of the community; branding; and how to communicate this all the time. Councilmember Short stated he would like for the City’s communication modes to be seen and viewed as the source of the actual and accurate information, rather than through others. Mayor Newton agreed. Councilmember Nakamura asked staff if everyone likes for you to present or use the video. City Manager Jennifer Fadden replied there was some feedback that the video was not very personable. Councilmember Nakamura stated citizens will probably want something more personable. Councilmember Taylor suggested using a blend of both ways, video and personal presentation, but shorten the video component. Mayor Newton stated he liked the question and answer session, and a snapshot in time, which provides a review and a summary. Mayor Pro Tem Putnam stated we have communicated, on a regular basis, the priorities, policy, public safety, and bringing staff into the context of connecting staff to the community. He added we have also amped up the communication efforts in other ways besides the Communicator. Councilmember Nakamura asked staff how they monitor what the citizens are giving as far as feedback. Councilmember Short added, do we monitor the Facebook and Twitter platforms? Coordinator Dangli replied yes, and they are all very good about getting the data, but they do not tell you what that data means. Councilmember Short asked staff if the video was available in other places. City Manager Jennifer Fadden replied there were three other events in the community where the video was shown. Mayor Newton stated he would like to capture the vision, strategy, and objectives on paper to better understand how the content is being selected to go into the tools. Councilmember Nakamura asked Mayor Newton if he sees the content before the Communicator goes out. Mayor Newton replied not previously, but he sees them now. Mayor Pro Tem Putnam asked staff if the visitors to the website are unique. Coordinator Dangli replied about 53 percent are unique visitors to the website. City Council Minutes September 20, 2016 City of Colleyville Page 4 Councilmember Taylor asked staff if they have a way to see the unique visitors. Coordinator Dangli replied 53 percent of our visitors are unique, which is noted through the IP address through Google analytics. Mayor Pro Tem Putnam stated he is concerned about the small content frame for the new website format. Coordinator Dangli replied the website has a responsive design depending on what monitor, tablet, or mobile device you are using. Councilmember Lindamood stated the view is a little confusing on the laptop. Coordinator Dangli replied he will ask the website developer about this. Mayor Newton stated it seems a little cluttered; the fonts are not consistent. Councilmember Taylor agreed about the font. Councilmember Lindamood stated he would like for there to be a link available for the agenda for that night’s meeting in the calendar of events, and maybe a link for the live feed so that everyone can click once. Coordinator Dangli replied he is currently working on those links. Mayor Pro Tem Putnam suggested having the meetings live stream on the home page. Mayor Pro Tem Putnam asked staff if the access to public documents will be the same. Coordinator Dangli replied yes, and staff is working with Laserfiche WS-2 Discussion of sign ordinance relative to directory signage Due to the lack of time, this item will be presented at a future worksession. WS-3 Discussion of the September 20, 2016, City Council regular agenda items Mayor Newton stated he believes to ratify the tax rate it redundant. He stated he would like all Councilmembers to choose two people for the Water and Wastewater Rate Advisory Committee, and he will be going last, and he would only be taking 11 applicants for the committee. Mayor Newton adjourned the worksession at 6:32 p.m. Mayor Richard Newton reconvened the Colleyville City Council Executive Session on Tuesday, September 20, 2016, at 6:32 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, City Council Minutes September 20, 2016 City of Colleyville Page 5 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the economic development director 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 Executive session was adjourned at 7:28 p.m. Mayor Richard Newton called the regular City Council meeting to order in the Council Chambers at 7:34 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Nancy Coplen and Mike Taylor Absent: Councilmember Jody Short 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, Finance 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 City Council Minutes September 20, 2016 City of Colleyville Page 6 INVOCATION: Pastor Martin Richardson, Crown of Life 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-16-4034 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Lindamood announced the Lion’s Club Hole-in-One Shoot Out on September 23, 24, and 25, 2016. Councilmember Lindamood stated he is wearing pink in honor of his cousin, Rhonda, who is celebrating her sixth year anniversary of surviving cancer. 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 Coffee with Colleyville’s First Responders. Assistant City Manager/Director of Public Safety Mike Holder explained the event would be held on Friday, September 23, 2016, at 8:30 a.m. at Market Street. 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. Mayor Pro Tem Putnam encouraged citizens to apply for the boards, commissions, and committee current openings. Recognition of the Charter Review Committee - Mayor Richard Newton Mayor Newton expressed his appreciation to the Charter Review Committee: Frank Carroll, Chairman; Michael Muhm, Vice Chairman; members Claudia Bevill, Vince Hawkins, Rich Hendler, David Medlin, Shirley Schollmeyer, Nelson Thibodeaux, City Council Minutes September 20, 2016 City of Colleyville Page 7 Steve Waltens, and Tim Weymouth, and presented those in attendance with a Colleyville Now and Then history book. In recognition of Colleyville's Featured Business of the Month - O'Reilly Auto Parts, 4501 Colleyville Boulevard, Store Manager Tommie Thomas - Mayor Richard Newton and SH26 Project Coordinator James Hubbard Mayor Richard Newton and SH26 Project Coordinator James Hubbard welcomed Tommie Thomas, Store Manager, O'Reilly Auto Parts, 4501 Colleyville Boulevard, and recognized O'Reilly Auto Parts as the featured Business of the Month. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4035 4a Approval of the minutes of the City Council worksession on August 23, 2016 4b Approval of the minutes of the City Council worksession on August 24, 2016 4c Approval of the minutes of the Special City Council meeting on August 25, 2016 4d Approval of the minutes of the City Council worksession on August 25, 2016 4e Approval of the minutes of the regular City Council meeting on September 6, 2016 4f Approval of the minutes of the City Council worksession on September 8, 2016 4g Approval of Professional Service Agreements with Beacon Emergency Services Team, P.A. d/b/a BEST EMS for a medical director and instructional services, in a combined total amount not to exceed $21,473, and authorize the city manager to execute the agreements 4h Approval of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $167,372.50, and authorize the city manager to execute same, and any associated change orders, in an amount not to exceed 25 percent of the original contract price, subject to the approval of funding in the Fiscal Year 2017 (FY 2017) budget 4i Approval of a contract renewal for the Horticultural Grounds Maintenance Contract to the Lawn Firm, in an amount not to exceed $162,324, and authorize the city manager to execute the contract, and City Council Minutes September 20, 2016 City of Colleyville Page 8 any associated change orders, in an amount not to exceed 25% of the original contract amount, subject to the approval of funding in the Fiscal Year 2017 (FY 2017) budget 4j Approval of an Interlocal Purchasing Agreement between the City of Colleyville and the North Central Texas Council of Governments (NCTCOG) for the purchase of products and services through the North Texas SHARE Program, and authorize the city manager to execute the agreement 4k Approval to renew the annual license agreement with Incode Court software, with Tyler Technologies, for the Joint Municipal Courts of Colleyville and Keller with a first year cost of $28,943, and authorize the city manager to execute the agreement Mayor Newton read Resolution R-16-4035 in its entirety. Fire Chief Brian Riley briefed the City Council on item 4g. Mayor Newton asked staff if it is a multi-year contract. Chief Riley replied it is an annual contract. Parks Manager Heather Dowell briefed the City Council regarding items 4h and 4i. Mayor Newton asked staff about how the price is determined in the out-years. Manager Dowell replied they are able to request a CPI increase, at the going rate for the metroplex, and in the past staff has not seen an increase unless the properties or cycles were increased. Councilmember Lindamood asked staff about the conflict of interest questionnaires and if they are necessary. City Manager Jennifer Fadden replied based on the previous discussion, the City Council was satisfied with vendors submitting the Form 1295; however, if City Council wishes for staff to do something different, that was not understood. Councilmember Lindamood stated he believed it was understood that the forms would be completed for the public to view. Councilmember Lindamood asked staff about the contingency fee of 25 percent of the original contract, and if that is necessary. Manager Dowell replied the contingency would cover the addition of properties during this cycle or for the increase in cycles; however, it is not always utilized. Public Works Director Jeremy Hutt briefed the City Council regarding item 4j. City Council Minutes September 20, 2016 City of Colleyville Page 9 Mayor Newton asked staff if the contracts are competitively bid through the SHARE process. Director Hutt replied yes. Mayor Newton asked staff if we have access to the bids. Director Hutt replied yes; SHARE has a website with all of the information. Councilmember Lindamood asked staff if there are just a few contractors on the website, which have already gone through the bidding process. Director Hutt replied correct, they are working with the adjacent cities to bid these, and it is a relatively new service. Councilmember Lindamood added he is not big on big co- ops. Mayor Newton asked staff if there is no cost to be a part of this, or use these contractors. Director Hutt replied correct. Information Systems Manager Chris Pena briefed the City Council on item 4k. Mayor Newton asked staff why the maintenance fee is so high, and what the services are. Manager Pena replied there are two major services, support and nightly back-up of the software onsite. Mayor Newton asked staff if the vendor is managing the software on the server. Manager Pena replied yes. Mayor Newton asked staff if this is to buy the perpetual license. Manager Pena replied yes, and we will own it, but the annual cost will be for support and maintenance of the software modules. Mayor Pro Tem Putnam asked staff if the total perpetual license cost is $28,943. Manager Pena replied it is a higher number, but there is a discount within the contract. Mayor Newton asked staff what the cost would be if sold to a new customer. Manager Pena replied he does not have that number. Councilmember Taylor asked staff about the protection if the onsite server is lost. Manager Pena replied the company will run an internal service to back-up each night. Councilmember Taylor asked staff if there is a redundant system. Manager Pena replied yes. Mayor Newton opened the public hearing at 8:19 p.m. Kathy Hadley, 204 Timberline Drive North, spoke about items 4h and 4i, and stated being concerned about the contractor using the sidewalks for the mowers. City Council Minutes September 20, 2016 City of Colleyville Page 10 She stated she believes the five foot sidewalk requirement is just for contractors to drive on. She added she would like for the City to use local businesses for lawn services. George Dodson, 7309 Balmoral Drive, spoke in opposition to item 4k, with concerns about the high maintenance percentage, and recommended City Council should table this item. There were no others present wishing to speak, and Mayor Newton closed the public hearing at 8:24 p.m. Mayor Newton asked staff about the mowing contractor requiring the sidewalk to be built. Manager Dowell replied the mowing company has nothing to do with the sidewalk issue. She explained how the carts used in the Parks Department are eroding the sides of the sidewalk, and that is why the sidewalks are being repaired. Mayor Newton asked staff if one of the contractors is a Colleyville business. Manager Dowell replied yes. Councilmember Taylor made a motion to approve Resolution R-16-4035 and Councilmember Coplen seconded the motion. Councilmember Nakamura asked Mayor Newton if any items will be removed from consent. Mayor Newton replied nobody has asked for items to be removed; however, if they would like, they can do so. Councilmember Nakamura questioned City Council if there are going to be issues with the software, relative to item 4k. Mayor Pro Tem Putnam replied he is good with the contract, especially with a 70 percent discount on the code. 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 Absent: 1 – Jody Short 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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. City Council Minutes September 20, 2016 City of Colleyville Page 11 Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:33 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:33 p.m. Councilmember Taylor made a motion to approve Ordinance O-16-1987 and Councilmember Lindamood seconded the motion. 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 Absent: 1 – Jody Short 5b 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 Newton opened the public hearing at 8:38 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:38 p.m. Councilmember Coplen made a motion to approve Ordinance O-16-1988 and Councilmember Nakamura seconded the motion. 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 Absent: 1 – Jody Short City Council Minutes September 20, 2016 City of Colleyville Page 12 5c 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 8:41 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:41 p.m. Councilmember Lindamood made a motion to approve Ordinance O-16- 1989 and Mayor Pro Tem Putnam seconded the motion. Mayor Newton asked staff if the budget reduction impacts the ability to do infrastructure projects in the CIP program. Manager Lothery replied for the five year period, we have enough fund balance to continue the commitments with the five year CIP. Mayor Pro Tem Putnam asked staff if we are going to do far more infrastructure redevelopment than in previous years. Public Works Director Jeremy Hutt replied the proposed 2017 CIP does include more linear footage than in the past years because we are using different techniques. Mayor Pro Tem Putnam stated there is a philosophical shift about how we will manage road infrastructure in the future, and by changing techniques, we will be able to redevelop at a much lower cost. The motion carried with the following vote: Aye: 5 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, and Nancy Coplen Nay: 1 – Councilmember Mike Taylor Absent: 1 – Councilmember Jody Short 5d Ordinance O-16-1990 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2017 (FY 2017) 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 8:50 p.m. City Council Minutes September 20, 2016 City of Colleyville Page 13 There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:50 p.m. Mayor Newton moved that the property tax revenue be increased by the adoption of a tax rate of 0.339130, which is effectively a 3.04 percent increase in the tax rate and Councilmember Lindamood seconded the motion. 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 Absent: 1 – Councilmember Jody Short 5e 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. Mayor Newton opened the public hearing at 8:56 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:56 p.m. Mayor Pro Tem Putnam made a motion to approve Ordinance O-16-1991 and Councilmember Nakamura seconded the motion. 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 Absent: 1 – Jody Short 5f 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-16-1992. City Council Minutes September 20, 2016 City of Colleyville Page 14 Mayor Newton opened the public hearing at 8:58 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:58 p.m. Councilmember Lindamood made a motion to approve Ordinance O-16- 1992 and Mayor Newton seconded the motion. 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 Absent: 1 – Jody Short 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4036 Approval of a resolution to ratify the property tax increase as reflected in the Fiscal Year 2017 Budget Mayor Newton read Resolution R-16-4036 in its entirety. Mayor Newton stated he believes this is a redundant resolution and stated he did not believe this is needed. Councilmember Taylor asked Mayor Newton if this is a legal requirement. Mayor Newton read the code: “Adoption of the budget that will require raising more revenue from the property taxes than from the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget.” He stated the budget and tax rate have been passed separately by ordinance. He believes approving and ratifying it are the same. Assistant City Attorney Ben Stool replied it is not exactly the same thing, and if you do not do this, you leave yourself open to a challenge of the budget and the tax rate. He stated there is no reason not to comply with it. Mayor Newton stated it is purely administrative. Assistant City Attorney Ben Stool added his inclination is to always follow it exactly as it is because there are other things you cannot avoid. Mayor Pro Tem Putnam asked staff if this was done last year. Manager Lothery replied there are certain laws that may be triggered relative to the effective roll back tax rate, and in the years past, those items were not triggered. She stated in an effort to have a straight and plain reading of state law requirements, staff believed it was most conservative to include this. City Council Minutes September 20, 2016 City of Colleyville Page 15 Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton opened the public hearing at 9:05 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:05 p.m. Councilmember Lindamood made a motion to approve Resolution R-16- 4036 and Councilmember Coplen seconded the motion. The motion carried with the following vote: Aye: 5 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Nancy Coplen, and Mike Taylor Nay: 1 – Councilmember Tammy Nakamura Absent: 1 – Councilmember Jody Short 6b Resolution R-16-4037 Adoption of the Fiscal Year 2017 to 2021 Capital Improvement Program (CIP) Mayor Newton read Resolution R-16-4037 in its entirety. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton opened the public hearing at 9:10 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:10 p.m. Mayor Newton made a motion to approve Resolution R-16-4037 and Councilmember Coplen seconded the motion. 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 Absent: 1 – Jody Short City Council Minutes September 20, 2016 City of Colleyville Page 16 6c Resolution R-16-4038 Approval of a resolution to appoint citizens to the Water and Wastewater Rate Advisory Committee Mayor Newton read Resolution R-16-4038 in its entirety. Mayor Newton presented this item and briefed the City Council. Mayor Newton opened the public hearing at 9:20 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:20 p.m. Councilmember Nakamura nominated the following: Samuel van Bever and George Dodson. Councilmember Lindamood nominated the following: Thomas Bauch and Jeff Pistor. Mayor Pro Tem Putnam nominated the following: Jeff Gilstrap and Tim Raine. Councilmember Coplen nominated the following: Michael Deakin and Joe Moore. Councilmember Taylor nominated the following: Raymond Allee and James Dove. Mayor Newton nominated the following: Gerald Gibson and Susan Mathisen. Mayor Newton made a motion to approve Resolution R-16-4038 appointing the following persons to the committee: Samuel van Bever, George Dodson, Thomas Bauch, Jeff Pistor, Jeff Gilstrap, Tim Raine, Joe Moore, Raymond Allee and James Dove, and naming Susan Mathisen Chair, and Gerald Gibson Vice Chair. Councilmember Nakamura seconded the motion. The motion carried with the following vote: Aye: 5 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, and Mike Taylor Nay: 1 – Councilmember Nancy Coplen Absent: 1 – Councilmember Jody Short City Council Minutes September 20, 2016 City of Colleyville Page 17 7. TABLED: RESOLUTION(S): 7a 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 asked if there was a motion to remove this item from the table. There was none, therefore, this item remained tabled. 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Karl Meek, 6204 Rock Dove Circle, spoke about a recent pep rally at the Colleyville Heritage High School and social media posts. He provided his speaking points to the city secretary. Kathy Hadley, 204 Timberline Drive North, stated being happy about the discussions being held this evening. Mike Sartain, 7113 Cedar Court, spoke about his property on 1104 Glade, stated he believed the proposed appraisal for his property should include the three large trees. He added the proposed gas line will interfere with those trees. Mike Sexton, 3612 Greenbriar Court, expressed his appreciation to the first responders at Bransford Elementary School today for the air conditioner issue. He suggested those who speak at the podium should not bring problems to the surface without a solution. Mark Harrison, 1421 Douglas Avenue, suggested that the City Council should consider a resolution recognizing that the Grapevine-Colleyville Independent School District should make the policy decisions relative to the school district. He provided the resolution to the city secretary. 9. REPORTS Planning and Zoning Commission Minutes - August 8, 2016 Zoning Board of Adjustment Minutes - August 9, 2016 Monthly Financial Report - August 2016 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 20, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4039 City Council Minutes September 20, 2016 City of Colleyville Page 18 This resolution was not needed. 11. ADJOURNMENT Mayor Pro Tem Putnam made a motion to adjourn by acclamation 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 Absent: 1 – Jody Short There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:42 p.m. APPROVED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 3RD DAY OF OCTOBER 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary