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HomeMy WebLinkAboutCity Council-Minutes-11/1/2016 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, November 1, 2016 WORKSESSION 4:30 P.M. EXECUTIVE SESSION 6:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of Conflict of Interest forms for vendors WS-2 Discussion of sign ordinance relative to directory signage WS-3 Discussion of Joint Access Agreements along SH26 WS-4 Discussion of dates for future City Council worksessions WS-5 Discussion of the November 1, 2016, City Council regular agenda items EXECUTIVE SESSION 6:00 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 551.072 - 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 City Council Agenda November 1, 2016 City of Colleyville Page 2 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Counselor in the Bishopric Bruce Crandall, Church of Jesus Christ of Latter-day Saints, Colleyville 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-16-4049 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- 4050 4a Approval of the minutes of the Joint City Council and Water and Wastewater Rate Advisory Committee Worksession of October 18, 2016 4b Approval of the minutes of the regular City Council meeting of October 18, 2016 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-16-1996 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, by implementing the recommendations of the Water and Wastewater Rate Advisory Committee, and providing for an effective date 5b Ordinance O-16-1997 Consideration of an amendment to the PUD-R-Planned Unit Development-Residential district to amend the front building line on Lots 1-9, Block 1, of the Carmel Place Estates Addition, located at 4916, 4912, 4908, 4828, 4824, 4820, 4816, 4812 and 4808 Carmel Place, Case ZC16-015 City Council Agenda November 1, 2016 City of Colleyville Page 3 5c Ordinance O-16-1998 Consideration of a zoning change from the AG-Agricultural district to the R-20 Single Family Residential district on Abstract 1756 of the A. T. Young Survey, Tract 1A01B, located at 216 West Glade Road, Case ZC16-016 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4051 Consideration of appointments to the Historical Preservation Committee 6b Resolution R-16-4052 Consideration of appointments to the Library Board 6c Resolution R-16-4053 Consideration of appointments to the Metroport Teen Court Advisory Board 6d Resolution R-16-4054 Consideration of appointments to the Planning and Zoning Commission 6e Resolution R-16-4055 Consideration of appointments to the Zoning Board of Adjustment 6f Resolution R-16-4056 Approval of a resolution to amend Resolution R-03-2185 establishing terms for the Audit Committee 6g Resolution R-16-4057 Approval of a resolution approving the appointment and professional services agreement of a city attorney and authorize the city manager to execute the agreement 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR November 1, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16- 4058 City Council Agenda November 1, 2016 City of Colleyville Page 4 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards October 28, 2016 by 5:30 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, November 1, 2016 City Council Chambers Mayor Richard Newton called the worksession of the Colleyville City Council to order on Tuesday, November 1, 2016, at 4:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, and Mike Taylor Absent: Councilmember Nancy Coplen 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, Executive Director of Economic Development and Communications Mark Wood, Community Development Director Ben Bryner, Recreation and Library Director Mary Rodne, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, and City Secretary Amy Shelley WS-1 Discussion of Conflict of Interest forms for vendors City Manager Jennifer Fadden provided a brief update to the City Council. Councilmember Bobby Lindamood additionally presented this item and briefed the City Council. Councilmember Taylor stated if this is something that needs to be done, we should be receiving these. City Manager Jennifer Fadden stated a vendor or a public official must file the form. Mayor Pro Tem Putnam asked staff if the forms are required. City Manager Jennifer Fadden replied state law requires it when the conflict exists. Mayor Pro Tem Putnam asked staff if the forms are required when the conflict does not exist. City Manager Jennifer Fadden replied the forms are not required by the state when a conflict does not exist. Councilmember Lindamood suggested all contracts, even Interlocal Agreements, should include the conflict of interest forms and should be included in the public documents. Mayor Newton concurred. City Council Minutes November 1, 2016 City of Colleyville Page 2 Councilmember Nakamura asked staff if this is currently taking place. City Manager Jennifer Fadden replied the City relies on the vendor and public officials to submit the required documentation. Councilmember Nakamura asked staff if the forms come with the contracts. City Manager Jennifer Fadden replied the forms are not submitted if a conflict does not exist. Councilmember Lindamood suggested the forms should be a part of the vendor’s submittal packet, even if a conflict does not exist. Councilmember Taylor asked Mayor Newton if the vendor would fill out “no” or “n/a” when a conflict does not exist. Mayor Newton replied yes. Mayor Newton asked Councilmember Lindamood if he would like all vendors to submit these forms. Councilmember Lindamood replied yes, for any contract and Interlocal Agreements. City Manager Jennifer Fadden asked Councilmember Lindamood for clarification of the $2,500, would that be purchase amount or relative to income. Councilmember Lindamood replied any business of $2,500 or more. City Manager Jennifer Fadden added the current purchasing policy requires all purchases of $1,000 or more to receive three quotes. City Manager Jennifer Fadden asked staff if the $2,500 is a reasonable amount or should it be consistent with the current purchasing policy of $1,000. Chief Financial Officer Brian Hogan replied he would prefer for it to be consistent with the purchasing policy, and it can be included in the bid packet, and received from everyone regardless if we go with the bid or not. City Manager Jennifer Fadden stated staff will proceed with an amendment with the City’s purchasing policy to include that for all purchases over $1,000, the vendor will submit the most recent CIQ form with their quote and those will be on file and available for anyone to review it. Councilmember Lindamood stated if the form is not attached, there should be a flag or something that states the contract is not valid. City Manager Jennifer Fadden stated we would view their bid as incomplete. Councilmember Taylor asked staff if this requirement has already been in effect, and if there has not been a conflict to report. City Manager Jennifer Fadden replied correct, and all forms received are currently on the City’s website. She stated there are no CIQ forms, just CIS. City Council Minutes November 1, 2016 City of Colleyville Page 3 Councilmember Nakamura asked staff if these will now be in the packets. City Manager Jennifer Fadden replied it will be a part of their quote provided to the City. Councilmember Taylor asked staff if the forms will be included in the briefing packets for those contracts being considered by City Council. City Manager Jennifer Fadden replied yes, as well as the 1295 forms. Councilmember Short asked staff what vendors will place in box number 3 for those who have no conflict. City Manager Jennifer Fadden replied “n/a.” Councilmember Short suggested providing some direction to our vendors. Councilmember Lindamood suggested having links available on the website which provide examples, such as the TML one. Councilmember Taylor stated the most current form should be used. Mayor Newton stated these forms will be available in the packet, which is a positive change. Councilmember Lindamood asked staff about the state’s minimum. City Manager Jennifer Fadden replied the threshold is $2,500 in taxable income other than investments with the vendor and local government official or family member. Councilmember Lindamood asked staff if the amount will now be $1,000. City Manager Jennifer Fadden replied yes, for purchases. Mayor Pro Tem Putnam stated it is for procurement. City Manager Jennifer Fadden asked for clarification from City Council if 30-45 days to adequately train staff members is good with the City Council. Chief Financial Officer Brian Hogan agreed, and stated it should not be an extra burden administratively. City Manager Jennifer Fadden replied December 1st will be the implementation date. Councilmember Lindamood suggested having it done as soon as possible to accommodate the upcoming bids being let out. Mayor Newton stated those forms can be filled out and included with those bids now. Councilmember Short asked Mayor Newton if there are any pending questions he should answer. Mayor Newton replied the questions have to do with business relationships and interested parties. As an elected official, external to our elected position, there may be business relationships that should be disclosed. Councilmember Short asked Mayor Newton if he would need to fill out a form because of Transystems, even though the last contract he had had with them was in 2009. Mayor Newton replied that would be an individual decision and he stated City Council Minutes November 1, 2016 City of Colleyville Page 4 he tends to go overboard. Councilmember Short added he needs clarification and guidance. Councilmember Lindamood stated the burden is upon the vendor, if you know them or have done business with them, then yes, the form should be filled out. Councilmember Nakamura asked Councilmember Short if the timeframe is listed on the form. Councilmember Short stated he believed it is. Councilmember Lindamood stated the form states 12 months, but it can be our policy to have whatever is necessary for longer transparency. Mayor Pro Tem Putnam stated at the end of the day, we are shifting the burden of disclosure, so that we are not just assuming. Councilmember Taylor asked Mayor Newton if the change is that we want this filled out regardless if there is a conflict or not. Mayor Newton replied yes. Councilmember Taylor asked Mayor Newton what about contracts that are in our favor, but are incomplete. Mayor Newton replied if they did not have the form, it would give the City the right to negate the contract. City Manager Jennifer Fadden stated that for purchases of more than $1,000, we have to have three quotes from qualified vendors, but without the form, it would not be considered a legitimate quote. Mayor Newton stated the only thing that is different is dropping the minimum from $2,500 to $1,000; and, requiring the form regardless if there is a conflict or not. Councilmember Lindamood stated if the vendor is going to submit a bid, they need to fill out these forms. Mayor Pro Tem Putnam added it is a standard accepted by the communities surrounding Colleyville. Assistant City Manager/Director of Public Safety Mike Holder stated clarification is needed as to whether the forms are filled out for bids and not just a purchase. He used an example of getting three quotes, one being from Wal-Mart to purchase TV monitors. Councilmember Lindamood stated the forms would need to be filled out for anything that we are accepting bids for. Mayor Newton asked staff the difference between a quote and a bid. City Manager Jennifer Fadden replied anything $50,000 dollars or more is submitted through a sealed bid that is advertised and opened in a competitive bid process. She stated anything between $1,000 and $50,000 requires three quotes. Accounting Manager Karen Hines added a verbal quote can be received for anything $3,000 and below. Mayor Newton asked City Council if $2,500 is acceptable for the verbal quoting process. City Manager Jennifer Fadden explained that the $2,500 in the statute is City Council Minutes November 1, 2016 City of Colleyville Page 5 related to income from the vendor, whether the vendor has paid the public official $2,500, there is not a purchasing amount threshold, it could be any amount. Mayor Newton stated he is willing to go with what the state law outlines. Councilmember Taylor agreed. Councilmember Lindamood stated these forms will come to the City, not to the state. Councilmember Taylor asked Mayor Newton if the $2,500 is the minimum. Mayor Newton replied that is income, and any contract we would see will be more than $2,500. City Manager Jennifer Fadden stated the City Council is not going to receive any documentation unless there is an item on the agenda. These will be forms maintained in City records, and through the purchasing process, we will create a depository where the forms will be. Councilmember Taylor suggested including those forms in each competitive bid packet, and add it to the bid tab. Mayor Newton agreed. 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 asked staff about the site distance with a six and half foot tall sign. Director Bryner replied not being sure how to address that since the signs will be internal to the site. Mayor Newton asked staff if the signs will need to be permitted prior to being installed. Director Bryner replied yes. Mayor Newton stated the site distance can be addressed at that time, if necessary. WS-3 Discussion of Joint Access Agreements along SH26 SH26 Coordinator James Hubbard presented this item and briefed the City Council. Councilmember Short suggested making the connection, with no impact to the business. Mayor Newton stated being good with these as long as there is a benefit to them and the City. He stated if there are physical changes to the business or use, then they would lose their grandfathered status. He stated the business would get credit for the parking spaces lost because of the joint access. Councilmember Taylor asked staff if they have looked at the parking issues during the day versus during the night, like for the bank and Bahama Bucks. Coordinator City Council Minutes November 1, 2016 City of Colleyville Page 6 Hubbard replied yes, but it would not apply for businesses with the same peak hours of operation. He stated the last resort is the grandfathering issues. Councilmember Taylor said we are not compelling anyone to have to do this. Coordinator Hubbard replied correct. Mayor Newton stated redevelopment needs to take place with parking spaces available. Councilmember Lindamood asked staff if we are still giving the businesses credit for the parking spaces taken. Coordinator Hubbard replied not for a full redevelopment or addition. Coordinator Hubbard stated there would be modifications to the Land Development Code specific to joint access easements along SH26, and additional approval for City Council. Councilmember Taylor asked staff if this has been discussed with current business owners. Coordinator Hubbard replied he has discussed this with Bellisimo’s, and making that connection will benefit them. Mayor Newton stated the construction on SH26 is going to begin this month. WS-4 Discussion of dates for future City Council worksessions City Manager Jennifer Fadden presented this item and briefed the City Council. The following dates were chosen for future worksessions: Monday, December 12, 2016, at 6:00 p.m. to discuss stormwater/drainage. Wednesday, December 14, 2016, at 6:00 p.m. to discuss the Comprehensive Plan. Tuesday, January 24, 2017, at 6:00 p.m. to discuss Glade Road Friday, December 16, 2016 or Friday, January 13, 2017 for a City Council strategic planning worksession. WS-5 Discussion of the November 1, 2016, City Council regular agenda items Mayor Newton distributed his personal assessment of appointees for the board, commission, and committee appointments on the agenda. Mayor Newton adjourned the worksession at 5:56 p.m. Mayor Richard Newton called the Executive Session of the Colleyville City Council to order on Tuesday, November 1, 2016, at 6:00 p.m. City Council Minutes November 1, 2016 City of Colleyville Page 7 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, and Mike Taylor Absent: Councilmember Nancy Coplen 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, 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 session was adjourned at 6:00 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:32 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, and Mike Taylor Absent: Councilmembers Jody Short and Nancy Coplen 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, Executive Director of Economic Development and Communications Mark Wood, Community Development Director Ben Bryner, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, and City Secretary Amy Shelley INVOCATION: Counselor in the Bishopric Bruce Crandall, Church of Jesus Christ of Latter-day Saints, Colleyville PLEDGE OF ALLEGIANCE: Mayor Richard Newton City Council Minutes November 1, 2016 City of Colleyville Page 8 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4049 Mayor Newton read Resolution R-16-4049 in its entirety. Councilmember Lindamood stated these were negotiated with the property owner, and not done through eminent domain. Mayor Newton opened the public hearing at 7:37 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:38 p.m. Mayor Pro Tem Putnam made a motion to approve Resolution R-16-4049 and Councilmember Lindamood 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 Absent: 2 – Councilmembers Jody Short and Nancy Coplen 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition City Manager Jennifer Fadden introduced Mark Wood as the Executive Director of Economic Development and Communications. He comes to Colleyville from the town of Flower Mound. Mr. Wood expressed his appreciation to the City and stated he looks forward to working with the City Council. Councilmember Lindamood congratulated the CHHS Varsity and JV softball teams as they were undefeated. He also announced and encouraged everyone to participate in the “Show Your Love” walk on Sunday, November 13, 2016 at Colleyville Center. He explained the event details are on www.stupidstrong.org. Mayor Pro Tem Putnam encouraged everyone to get out and vote during Early Voting which ends on Friday, November 4, 2016, because the lines will be long on Election Day, November 8. He added there are City Charter amendments on the Colleyville ballot for residents to consider. Mayor Newton announced the Tarrant County Workforce Solutions Job Fair on Thursday, November 10, 2016 located at Globe Life Park in Arlington. City Council Minutes November 1, 2016 City of Colleyville Page 9 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-16-4050 4a Approval of the minutes of the Joint City Council and Water and Wastewater Rate Advisory Committee Worksession of October 18, 2016 4b Approval of the minutes of the regular City Council meeting of October 18, 2016 Mayor Newton read Resolution R-16-4050 in its entirety. Mayor Newton opened the public hearing at 7:48 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:48 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4050 with the meeting minute amendments as outlined by the Mayor, and with the removal of Councilmember Tammy Nakamura from the roll call for the worksession minutes. Councilmember Lindamood 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 Absent: 2 – Councilmembers Jody Short and Nancy Coplen 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-16-1996 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, by implementing the recommendations of the Water and Wastewater Rate Advisory Committee, and providing for an effective date Mayor Newton read the caption of Ordinance O-16-1996. Water and Wastewater Rate Advisory Committee Chair Susan Mathisen briefed the City Council. Mayor Newton also provided a briefing explaining how this rate change fits into the policy decisions of the City Council. Chief Financial Officer Brian Hogan explained the ordinance amendments. City Manager Jennifer Fadden explained that staff had identified an error in the City’s City Council Minutes November 1, 2016 City of Colleyville Page 10 utility billing software regarding how commercial wastewater customer billing charges had been set up and wanted to both make the City Council aware of this error and seek any direction from the Council on correcting the billing error. Commercial wastewater customers should have been billed a base charge $13.45 since January 2016, but were only charged $10.45, the same rate as residential customers, as the rate did not get updated in the City’s utility billing software. She stated as soon as the error was identified, the correct rate was entered into the billing software and the most recent billing cycle reflected the correct base charge. She added that the differential of what should have been billed versus what was actually billed to commercial wastewater customers was $12,426 for the Utility Fund for fiscal year 2016. She stated staff is seeking City Council’s guidance on how they would like to go back and collect the amount from commercial wastewater customers, or not have that amount be collected for commercial wastewater customers. Mayor Newton opened the public hearing at 8:20 p.m. David Medlin, 605 Montreux Avenue, spoke in support of the ordinance, and stated having concerns about who provides the policy direction given that the investments information was not provided to the committee ahead of time. He stated he wants a transparent conversation about the capital improvement investments or projects. He expressed his appreciation to the work provided by the committee. Claudia Bevill, 119 Cheek-Sparger Road, spoke in support of the ordinance, and expressed her appreciation to the committee and City Council to the work provided on the water rates. She stated having a number of concerns: 1) the required revenue for water and wastewater in the NewGen study does not align with the budgeted revenue. There is a discrepancy of about $2 million dollars. She asked if someone made a mistake or mislead the consultant or the committee. She stated accountability steps need to be taken. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:27 p.m. Councilmember Taylor asked Mayor Newton to clarify the comments provided by Mr. Medlin and Ms. Bevill. Mayor Newton replied the committee received a presentation by the consultant and part of that was identifying revenue needed. At that point there was a $2 million dollar amount identified for reoccurring capital projects, and that is the discrepancy they are referring to. If that had been left in there, there would have been a rate increase to account for that $2 million. In the current 2017 budget, the committee looked at what revenue is required in the Utility Fund, and actually approved in the 2017 budget, because that is the number needed to be generated by rates. That is the number the committee used, not based on that plus the $2 million. For 2017, $750,000 is for capital projects that would have been from the fund balance. He stated there was a question about City Council Minutes November 1, 2016 City of Colleyville Page 11 the available cash balance to the Utility Fund in reality, with all funds combined, added up to over $11 million. He stated the answer we would get before that was $5 million. He stated for years those terms had been used, and that was the way the books were set up, but from that point forward the fund balance will be the sum of all of those, so that it is real clear. Councilmember Nakamura asked Mr. Medlin about the fund that was not known about. Mr. Medlin replied no one was aware of the real fund balance. He stated it would be nice to know where the money came from. He stated it is unclear of who made the policy decision to spend down the fund, but now there is an assumption to put $1.4 million in, which is a policy change. What about the amount in that number, was that what was approved for capital projects or was it a bigger number. So not only is the fund history going down, or being done by one assumption, but it does not appear it is being done by good governance. Mayor Pro Tem Putnam stated the current CIP Fund itself is very healthy. He stated the committee provided an outstanding deliverable. He suggested having a committee evaluate other options for water sources, such as the purple pipe, and to keep going to address the TRA debt side at some point. This was a first reading, therefore City Council did not take action. 5b Ordinance O-16-1997 Consideration of an amendment to the PUD-R-Planned Unit Development-Residential district to amend the front building line on Lots 1-9, Block 1, of the Carmel Place Estates Addition, located at 4916, 4912, 4908, 4828, 4824, 4820, 4816, 4812 and 4808 Carmel Place, Case ZC16-015 Mayor Newton read the caption of Ordinance O-16-1997. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Lindamood asked staff if moving the build line will allow for the building of a larger house outside of the flood area. Director Bryner replied correct, nothing can be built beyond the flood plain. Councilmember Lindamood asked staff if the amendment only applies to the nine lots. Director Bryner replied yes. Russell Slovak, the applicant, presented this item and briefed the City Council. Mayor Pro Tem Putnam asked Mr. Slovak how moving the setback will impact the available area to build or square footage of the house. Mr. Slovak replied they would be able to add an additional 1,000 square feet. City Council Minutes November 1, 2016 City of Colleyville Page 12 Mayor Pro Tem Putnam asked Mr. Slovak how the development is being marketed. Mr. Slovak replied he did not know. Mayor Pro Tem Putnam stated having a concern about the type of builder who will go into this development. Mr. Slovak replied there will be custom builders, and they are the ones who have asked to move the building line. Mayor Pro Tem Putnam asked staff about their recommendations. Director Bryner replied had the applicant requested this amendment on a few lots, the recommendation would have been different, but because they have requested it on all lots, staff based the recommendation on uniformity. Mayor Newton opened the public hearing at 9:03 p.m. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in support of the request and expressed her appreciation about the drainage improvements on the subject property. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:05 p.m. Mayor Newton asked staff if there is any process to go through to be able to build into the floodplain area. Director Bryner replied the applicant would have to submit through FEMA for their review. Councilmember Lindamood asked staff if the applicant would have to go through FEMA because it is a natural floodplain. Director Bryner replied FEMA regulates the floodplain areas. Mayor Newton stated it is possible. This was a first reading, therefore City Council did not take action. 5c Ordinance O-16-1998 Consideration of a zoning change from the AG-Agricultural district to the R-20 Single Family Residential district on Abstract 1756 of the A. T. Young Survey, Tract 1A01B, located at 216 West Glade Road, Case ZC16-016 Mayor Newton read the caption of Ordinance O-16-1998. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton opened the public hearing at 9:11 p.m. City Council Minutes November 1, 2016 City of Colleyville Page 13 Kathy Hadley, 204 Timberline Drive North, spoke in support of the request, but stated having concerns of an R20 zoning change because of the potential to divide into smaller lots. Mayor Newton explained that the Planning and Zoning Commission recommended approval of an R40 zoning change rather than an R20; therefore, the ordinance has been written as an R40 zoning district change. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:13 p.m. This was a first reading, therefore City Council did not take action. Mayor Newton recessed the meeting at 9:14 p.m. Mayor Newton reconvened the meeting at 9:25 p.m. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4051 Consideration of appointments to the Historical Preservation Committee Mayor Newton read Resolution R-16-4051 in its entirety. Mayor Newton opened the public hearing at 9:27 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:27 p.m. Mayor Newton made a motion to approve Resolution R-16-4051 appointing George Bond, Marilyn Keith, Nelson Thibodeaux, Walt Mills, and Cynthia Phillips to the Historical Preservation Committee with a term expiring September 2018, and Ryan Moore to fill an unexpired term to 2017. Mayor Pro Tem Putnam 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 Absent: 3 - Councilmembers Jody Short, Nancy Coplen, and Mike Taylor (not present for this vote) 6b Resolution R-16-4052 Consideration of appointments to the Library Board City Council Minutes November 1, 2016 City of Colleyville Page 14 Mayor Newton read Resolution R-16-4052 in its entirety. Mayor Newton opened the public hearing at 9:30 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:30 p.m. Councilmember Nakamura made a motion to approve Resolution R-16- 4052 appointing Library Board members Linda Barton Place 2, Molly Skinner Place 4, Merry Graves Place 6, and Seanna Billinger Place 7, with a term expiring September 2018, and ex-officio members Cecilia Monticelli and Joan Roberts, with a term concurrent to their term on the Friends of the Colleyville Public Library and Colleyville Public Library Foundation. Mayor Newton 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 Absent: 2 – Councilmembers Jody Short and Nancy Coplen 6c Resolution R-16-4053 Consideration of appointments to the Metroport Teen Court Advisory Board Mayor Newton read Resolution R-16-4053 in its entirety. Mayor Newton opened the public hearing at 9:32 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:32 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4053 appointing Kelly Tookey, Sean Tanner, and Councilmember Taylor to the Metroport Teen Court Advisory Board with a term expiring September 2017. 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 Absent: 2 – Councilmembers Jody Short and Nancy Coplen City Council Minutes November 1, 2016 City of Colleyville Page 15 6d Resolution R-16-4054 Consideration of appointments to the Planning and Zoning Commission Mayor Newton read Resolution R-16-4054 in its entirety. Mayor Newton opened the public hearing at 9:36 p.m. Kathy Hadley, 204 Timberline Drive North, asked for City Council to make sure the Planning and Zoning Commissioners follow the City Charter once they are appointed. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:37 p.m. Councilmember Lindamood made a motion to approve Resolution R-16- 4054 appointing Susan Mathisen Place 1, George Dodson Place 2, Sam van Bever Place 3, and Veronica Baughman Place 4, to the Planning and Zoning Commission with a term expiring September 2018. Mayor Pro Tem Putnam 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 Absent: 2 – Councilmembers Jody Short and Nancy Coplen 6e Resolution R-16-4055 Consideration of appointments to the Zoning Board of Adjustment Mayor Newton read Resolution R-16-4055 in its entirety. Mayor Newton opened the public hearing at 9:40 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:40 p.m. Mayor Pro Tem Putnam made a motion to approve Resolution R-16-4055 appointing Richard Vallario Place 1, Dee Kamerman Place 2, Wayne Maynard Place 3, Charles Kelley Alternate 1, and Kimberly Holt Alternate 2, to the Zoning Board of Adjustment, with a term expiring September 2018. Councilmember Lindamood seconded the motion. The motion carried with the following vote: City Council Minutes November 1, 2016 City of Colleyville Page 16 Aye: 5 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, and Mike Taylor Absent: 2 – Councilmembers Jody Short and Nancy Coplen 6f Resolution R-16-4056 Approval of a resolution to amend Resolution R-03-2185 establishing terms for the Audit Committee Mayor Newton read Resolution R-16-4056 in its entirety. Mayor Newton opened the public hearing at 9:43 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:43 p.m. Mayor Newton made a motion to approve Resolution R-16-4056 appointing Councilmembers Tammy Nakamura, Nancy Coplen, and Bobby Lindamood, and citizen appointment of Susan Mathisen to the Audit Committee with a term expiring September 2017, and changing the Committee term to September. 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 Absent: 2 – Councilmembers Jody Short and Nancy Coplen 6g Resolution R-16-4057 Approval of a resolution approving the appointment and professional services agreement of a city attorney and authorize the city manager to execute the agreement This item was moved to be discussed prior to announcements, proclamations, and presentations because the current City Attorney Matthew Boyle was not present at the meeting; therefore, Mayor Newton wanted to have the new city attorney seated prior to the agenda action items. Mayor Newton read Resolution R-16-4057 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. City Council Minutes November 1, 2016 City of Colleyville Page 17 Mayor Pro Tem Putnam made a motion to approve Resolution R-16-4057 and 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 Absent: 2 - Councilmembers Jody Short and Nancy Coplen 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Frank Genco, 1104 John McCain Road, stated having concerns about a church building to three stories on a portion of their building. He stated because the church is considered a commercial building, they have different regulations, even though the church is in a residential area. Kathy Hadley, 204 Timberline Drive North, expressed her appreciation to the City Council for their work on the water rates; the number of interested citizens voting during this election; buildings on SH26 that need to be architecturally improved (retail strip center where Subway is located); do not widen Glade Road or SH26; keep the country charm of Colleyville; thankful for City staff and their help; do not make changes on Cheek-Sparger Road; and stated being tired of change. Kathleen Hennessy, 5013 Stonebridge Drive, spoke about the Preservation development with concerns about storm drainage flooding, silt dumping and encroachment on neighbors. Natalie Genco, 1104 John McCain Road, stated having concerns about the removal of trees on the two parcels of property located at SH26, just south of John McCain Road. She stated those parcels would be an ideal purchase for the City to expand the park system because of the big trees. She stated there could be bike trails included to continue to the pocket park. She stated having additional concerns about whether or not the property owner did or did not pay for the mitigation of the trees that were removed. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR November 1, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4058 This resolution was not needed. City Council Minutes November 1, 2016 City of Colleyville Page 18 9. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 10:07 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF NOVEMBER 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary