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HomeMy WebLinkAboutCity Council-Minutes-11/15/2016 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 15, 2016 WORKSESSION 5:00 P.M. EXECUTIVE SESSION 6:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of credit card usage fees WS-2 Discussion of Land Development Code revisions to modify the plat approval processes WS-3 Discussion of Classification and Compensation Study WS-4 Discussion of the November 15, 2016, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with 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 contemplated litigation concerning a drainage easement matter existing within Stone Crest Estates Section 551.071 - Legal - Consultation with the City Attorney regarding contemplated litigation concerning enforcement of a planned development ordinance Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Lincoln et al v. City of Colleyville City Council Agenda November 15, 2016 City of Colleyville Page 2 Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Jane Doe v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Selene McClure, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4059 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of November as Curing Stomach Cancer month - Mayor Richard Newton, Councilmember Bobby Lindamood, and Jeff Netzer Proclamation declaring the observance of November 17, 2016 as World Pancreatic Cancer Day in Colleyville - Mayor Richard Newton and Jennifer Foster In recognition of Colleyville's Featured Business of the Month - Buttermilk Sky Pie Shop, 4712 Colleyville Boulevard, Suite 160, Owners Pat and Kim Murray and Seth and Katie Hensarling - Mayor Richard Newton and Executive Director of Economic Development and Communications Mark Wood City Council Agenda November 15, 2016 City of Colleyville Page 3 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4060 4a Approval of the minutes of the regular City Council meeting of November 1, 2016 5. ORDINANCE(S): SECOND 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 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-16-4061 Consideration of the abandonment of a public right-of-way between Lots 32R, 42R, and 43R-1 of the Village at Colleyville Addition, located at 91, 93, 95, 99 Cottage Lane and 104, 124 Terra Cotta Way, Case GC16-013 7. DISCUSSION OF ITEMS NOT FOR ACTION 7a Update on the SH26 Construction Project 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Agenda November 15, 2016 City of Colleyville Page 4 9. REPORTS Parks and Recreation Advisory Board Meeting Minutes - April 4, 2016 Monthly Financial Report - October 2016 Quarterly Performance Management Report 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 15, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4062 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards November 10, 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, November 15, 2016 Mayor Richard Newton called the worksession of the Colleyville City Council to order on Tuesday, November 15, 2016, at 5:07 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam City Manager Jennifer Fadden, 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, Accounting Manager Karen Hines, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Amy Shelley WS-1 Discussion of credit card usage fees Chief Financial Officer Brian Hogan presented this item and briefed the City Council. Councilmember Coplen asked staff if the fee is included when it comes out of your bank account. Chief Financial Officer Brian Hogan replied no, the fee is for actual credit card transactions, either in person or online. Councilmember Taylor asked staff about the flat fee. Chief Financial Officer Brian Hogan replied currently the user is paying four percent, so for purchases of $100, the user will see no change; however, for anything over $100, the user will see savings by using the flat fee. Mayor Newton asked staff about the credit card software. Chief Financial Officer Brian Hogan replied currently we are using Paymentus; however, there are other companies who offer this service and will negotiate the credit card fees on our behalf, and we can look at that in the future. Mayor Newton asked staff how much is currently in the credit card fee balance. Chief Financial Officer Brian Hogan replied $40,000, and that money could be used to offset charging the lower rate. City Council Minutes November 15, 2016 City of Colleyville Page 2 Mayor Newton asked staff about options for the in person transaction. Chief Financial Officer Brian Hogan suggested no fee for those in person transactions. Mayor Newton stated being in favor of lowering it, but stated not being sure about what to lower it to. Mayor Newton asked staff what is the rational to charge in person versus an online transaction. Chief Financial Officer Brian Hogan replied the City gets charged a fee regardless, but we are the only City in our area that is charging a fee. Mayor Newton stated it is a fee to the City and we should recover that cost, but not with the plan to make money off of it, especially from a citizen’s perspective. Councilmember Nakamura asked staff if customers pay cash anymore. Chief Financial Officer Brian Hogan replied some do. Councilmember Nakamura asked staff if customers who pay by check are charged a fee. Chief Financial Officer Brian Hogan replied no. Councilmember Short asked staff about the relative risk with checks versus credit cards. Chief Financial Officer Brian Hogan replied credit cards are a more secure way of getting paid. Councilmember Taylor asked staff if we are protected on charge backs on credit cards. Chief Financial Officer Brian Hogan replied he has not seen much of that in Colleyville, but they will retain the signed receipt and there are a couple of days to respond to those. Mayor Newton asked staff what they estimate the two percent, with no fee for walk-in customers, would drop to. Chief Financial Officer Brian Hogan replied one percent. Mayor Newton suggested dropping the rate to 1.5 percent, and then look again next year, and maybe drop it another .5 percent. Councilmember Nakamura asked staff about the chip readers we have to buy because of recent legislation. Chief Financial Officer Brian Hogan replied legislation has not passed, it is the credit card companies who want these readers because it cuts back on their fraudulent charges. He added it is for more protection. Councilmember Nakamura asked staff how many are we going to need to purchase. Chief Financial Officer Brian Hogan replied between 10 and 12. Mayor Newton stated it makes no business sense to not go to the chip readers. City Council Minutes November 15, 2016 City of Colleyville Page 3 Councilmember Lindamood asked staff if Keller is going to be picking up those as well. Chief Financial Officer Brian Hogan replied we are going to do what is best for Colleyville, it will be a business decision for Keller. Mayor Newton asked staff when this can be done. Chief Financial Officer Brian Hogan replied as soon as City Council decides to do it. Councilmember Nakamura asked staff if there is enough money in the fee balance to cover the cost of the machines. Chief Financial Officer Brian Hogan replied yes. Councilmember Taylor asked staff what is our portion of the $40,000. Chief Financial Officer Brian Hogan replied it is a little less than that because every Keller transaction is getting charged four percent. Mayor Newton asked staff what would be collected at 1.5 percent. Chief Financial Officer Brian Hogan replied $18,500. Mayor Newton asked staff what our cost averages out to as a percentage. Chief Financial Officer Brian Hogan replied 1.5 percent. Councilmember Short stated some consideration should be given to a zero percentage, if there is some real benefit to doing that, especially if there are risks with accepting checks. Councilmember Taylor asked staff about checks. Accounting Manager Karen Hines replied we have about five bad checks a month. Councilmember Taylor asked staff if those checks are collected. Manager Hines replied yes, for the most part. Mayor Newton stated being good with the 1.5 percent. City Councilmembers agreed. WS-2 Discussion of Land Development Code revisions to modify the plat approval processes Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff why minor or amending plats, with variance requests, do not go to City Council. He stated anything that may require a variance to the Land Development Code should go to City Council. Director Bryner replied that is something that can be added into the code. Councilmember Taylor asked Mayor Newton what if City Council reviews the plat and they do not like it. Mayor Newton replied the zoning or subdivision City Council Minutes November 15, 2016 City of Colleyville Page 4 requirements may need to be changed, and the City Council is the only body that can do that. Councilmember Nakamura asked Councilmember Taylor why the approval requirements were changed in 2014. Councilmember Taylor replied if the plat meets the requirements, then it must be approved. He stated City Council, at that time, felt that if the plat had to be approved, they did not need to look at it at all, and it created expediency for the developer/applicant. Mayor Newton replied the approval of plats really helps new Councilmembers understand things better. If City Council have not seen plats, they will not know if the Land Development Code needs to be changed or not. Director Bryner explained the changes would be presented to the Planning and Zoning Commission in December; therefore, the City Council will see the ordinance update sometime in January. WS-3 Discussion of Classification and Compensation Study Human Resources Director Rachel Huitt presented this item and briefed the City Council. Mayor Newton asked staff about the criteria used to assess position classifications. Director Huitt stated the consultant will look at the job analysis questionnaires to see the level of education, training, and number of direct reports, and the complexity of each classification. Mayor Newton asked staff if the job analysis have to be done from scratch or is the data already available. Director Huitt replied we have the 2013 job analysis questionnaires for each position and job descriptions to provide to the consultant as a starting point. Mayor Newton asked staff who will read the analysis of each position. Director Huitt replied it will be the committee for this project, as well as the consultant. Mayor Newton asked staff how many Councilmembers will be on the committee. Director Huitt suggested at least two Councilmembers, and there are other staff members who are willing to serve, plus two citizens. Mayor Newton agreed. Mayor Newton stated he wants to appoint members to the committee at the December 6th City Council meeting. City Council Minutes November 15, 2016 City of Colleyville Page 5 WS-4 Discussion of the November 15, 2016, City Council regular agenda items Mayor Newton explained that in item 5a City Council will need to determine if the wastewater commercial accounts that were undercharged are going to be charged to recover those costs. Mayor Newton adjourned the worksession at 6:17 p.m. Mayor Richard Newton called the Colleyville City Council Executive Session to order on Tuesday, November 15, 2016, at 6:30 p.m. in the Executive Conference Room. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with 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 contemplated litigation concerning a drainage easement matter existing within Stone Crest Estates Section 551.071 - Legal - Consultation with the City Attorney regarding contemplated litigation concerning enforcement of a planned development ordinance Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Lincoln et al v. City of Colleyville Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Jane Doe v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Minutes November 15, 2016 City of Colleyville Page 6 Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Mayor Newton adjourned the Executive Session at 7:29 p.m. Mayor Richard Newton called the Regular Colleyville City Council Meeting to order on Tuesday, November 15, 2016, at 7:36 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam City Manager Jennifer Fadden, 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, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Amy Shelley INVOCATION: Selene McClure, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4059 Mayor Newton read Resolution R-16-4059 in its entirety. Assistant to the City Manager/SH26 Coordinator James Hubbard and Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Newton asked staff about the remaining Glade Phase 1 easements to be completed. Director Hutt replied about 25 are left to acquire. Mayor Newton opened the public hearing at 7:44 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:44 p.m. City Council Minutes November 15, 2016 City of Colleyville Page 7 Councilmember Taylor made a motion to approve Resolution R-16-4059 and Councilmember Nakamura seconded the motion. Councilmember Taylor expressed his appreciation to Costa Vida owner Ted Price and Mr. Price’s efforts when he continued to maintain the movie theatre and his commitment to the Town Center area. The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Mayor Pro Tem Chris Putnam 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Short stated he had recently attended a symposium about water conservation and suggested that Colleyville should consider water conservation efforts sooner rather than later. He also thanked City Council for allowing him to be absent for the last City Council meeting so that he could attend his son’s football game. Councilmember Coplen encouraged everyone to purchase tickets for the annual Colleyville Woman’s Club Holiday Home Tour to be held on Sunday, December 4, 2016 from 11:00 a.m. to 5:00 p.m. Councilmember Taylor encouraged everyone to attend the Colleyville Lions Club annual breakfast with Santa, on Saturday, December 3, 2016 from 7:00 a.m. to 11:00 a.m., and the City of Colleyville Christmas Tree Lighting ceremony on Friday, December 2, 2016 from 5:00 p.m. to 8:00 p.m. Mayor Newton encouraged residents in grades 2-7 to submit an essay for a chance to be Mayor for a Day contest. He stated the essays are due by December 5, 2016. Proclamation in recognition of November as Curing Stomach Cancer month - Mayor Richard Newton, Councilmember Bobby Lindamood, and Jeff Netzer Mayor Newton and Councilmember Bobby Lindamood presented Jeff Netzer, Stupid Strong.org with a proclamation in recognition of November as Curing Stomach Cancer month. City Council Minutes November 15, 2016 City of Colleyville Page 8 Proclamation declaring the observance of November 17, 2016 as World Pancreatic Cancer Day in Colleyville - Mayor Richard Newton and Jennifer Foster Mayor Newton presented Jennifer Foster with a proclamation in observance of World Pancreatic Cancer Day in Colleyville on November 17, 2016. In recognition of Colleyville's Featured Business of the Month - Buttermilk Sky Pie Shop, 4712 Colleyville Boulevard, Suite 160, Owners Pat and Kim Murray and Seth and Katie Hensarling - Mayor Richard Newton and Executive Director of Economic Development and Communications Mark Wood Mayor Richard Newton and Assistant to the City Manager/SH26 Coordinator James Hubbard recognized Buttermilk Sky Pie Shop, Owners Pat and Kim Murray and Seth and Katie Hensarling, as the featured business of the month. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4060 4a Approval of the minutes of the regular City Council meeting of November 1, 2016 Mayor Newton read Resolution R-16-4060 in its entirety. Mayor Newton opened the public hearing at 8:02 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:02 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4060 with the amendments to the meeting minutes as presented by Mayor Newton. Councilmember Coplen seconded the motion. The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Mayor Pro Tem Chris Putnam 5. ORDINANCE(S): SECOND 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 City Council Minutes November 15, 2016 City of Colleyville Page 9 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 member George Dodson presented this item and briefed the City Council. Mayor Newton expressed his appreciation to the committee for their efforts on the water rates. He then provided a very brief overview for this item. Councilmember Taylor also expressed his appreciation to the committee for their efforts. He stated he prefers to think about future projects now, and stated the current available cash has been obligated for projects as outlined by the CIP plan that was just adopted in September; and, $55 million dollars has been identified for future project needs. Councilmember Coplen also expressed her appreciation to the committee for their efforts on the water rates, and stated the rates appear to be adequate for what we are doing. She stated an item could be added to the water bill so that the residents can see that those funds are going toward the capital projects. She stated she likes the reserves being put back into the reserves rather than waiting until it is depleted. Mayor Newton stated it had been determined that it is possible to add a line to the water bill including what that payment item is for. Councilmember Short stated being disappointed that there is not a conservation component to the rate structure. He stated he would like the following added to the ordinance language “in compliance with the recommendations of the Water and Wastewater Advisory Committee, the City will initiate the process of identifying a long term funding policy for system maintenance and capital improvements within three months of adopting this ordinance.” Councilmember Nakamura stated not being in favor of taxing people for their water, especially when there is between $11-13 million now for capital projects. She stated when the funds are needed, we will figure out what to do then, but not now. Councilmember Lindamood stated he likes having a line item on the water bill which indicates the TRA increases, as well as a CIP line item so that the residents can see where the money is going. He added there may be items on the CIP list that may not be needed. Councilmember Lindamood asked Water and Wastewater Rate Advisory Committee Chairman Susan Mathisen if the committee had enough time to review the rates. Chairman Mathisen replied yes, the committee had plenty of time; however, the City Council Minutes November 15, 2016 City of Colleyville Page 10 one thing they did not do was to go through the CIP project list, but stated that was not the committee’s charge. Councilmember Lindamood asked Chairman Mathisen if the proposed rate is fair for all users across the board. Chairman Mathisen replied yes; the tiered rates were unfair to those with larger lots and those who used more water were charged more. Councilmember Lindamood asked Chairman Mathisen if some of the larger lots were subsidizing the smaller lots. Chairman Mathisen replied correct; not only that, but subsidizing the base costs. Councilmember Lindamood asked Chairman Mathisen about the total amount of extra money found. Chairman Mathisen replied the required revenue was different than what was budgeted, like $2 million more than what was budgeted. She stated the committee determined that if we could work within a certain budget, the revenues should reflect that budget. She stated the other accounts which were reviewed were the investment accounts, there was about $7.6 million (conservatively), but it is quite frankly a moving target; and this money is to be used in the Utility Fund. Councilmember Lindamood asked Chairman Mathisen about the policy to pay down the money already allocated. Chairman Mathisen replied that is what she understood, but these investment funds were set up not only for impact fee related projects, but also other CIP related projects, but stated she has not seen the general ledger, nor does she know what has been spent out of the investment accounts. She stated she was not sure if this is the policy. Councilmember Lindamood asked Chairman Mathisen what she does for a living. Chairman Mathisen replied she is a CPA. Councilmember Lindamood stated being supportive of conservation, but not being supportive of the overabundance of water being flushed down the drain because the water is old. He added this water is not being metered, but is going down the drain. Mayor Newton recessed the meeting at 9:08 p.m. Mayor Newton reconvened the meeting at 9:15 p.m. Mayor Newton stated committee member Joe Moore is also in favor of conservation and Mayor Newton suggested that Mr. Moore chair such a committee, but Mr. Moore has not yet agreed. Mayor Newton opened the public hearing at 9:15 p.m. City Council Minutes November 15, 2016 City of Colleyville Page 11 Karl Meek, 6204 Rock Dove Circle, spoke in support of this ordinance. He stated he would like an amendment to the ordinance with an addition to the water bill to include a line item for CIP water and CIP wastewater information. (His speaker cards indicates his opposition, but he stated being in support of it during his time to speak.) Mike Sexton, 3612 Greenbriar Court, spoke in support of this ordinance, and stated the discussion about CIP projects do need to take place soon. Chuck Mogged, 3002 Edgewood Lane, spoke in opposition to this ordinance with concerns about paying for CIP projects. David Medlin, 605 Montreux Avenue, spoke in support of this ordinance, and stated the fund balances should be more transparent. Louis Miller, 7802 Tillman Hill Court, spoke in opposition of this ordinance with concerns about conservation, future amendments to the rates, and paying for future infrastructure. Chuck Kelley, 705 Hillside, spoke in support of this ordinance, and stated having concerns that it is exactly unknown about what is in the fund. Steve Waltens, 716 Duns Tew Path, spoke in support of this ordinance, and spoke about the discussions held during the May and November elections about transparency, ethics, and term limits. He suggested having a voluntary fund added for those who wish to contribute more like the Library fund. George Dodson, 7309 Balmoral Drive, spoke in support of this ordinance and stated it is critical for the City to account for all funds. He added the City can now focus on the water rate and look at the capital projects later. Frank Genco, 1104 John McCain, spoke in support of this ordinance, and stated the citizens should not be taxed dishonestly. Kathy Hadley, 204 Timberline Drive North, spoke in support of this ordinance. The following person did not wish to speak, but wished to register their support: Sam van Bever, 4105 Crest Court. The following person filled out a speaker card, but did not indicate his support or opposition: Mark Harrison, 1421 Douglas Avenue. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:47 p.m. City Council Minutes November 15, 2016 City of Colleyville Page 12 Mayor Newton made a motion to approve Ordinance O-16-1996. Councilmember Short seconded the motion with an amendment to add a Section 3 worded as the following: “in compliance with the recommendations of the Water and Wastewater Advisory Committee, the City shall initiate the process of identifying a long term funding policy for system maintenance and capital improvements within three months of adopting this ordinance.” Councilmember Coplen seconded the amendment. Mayor Newton stated having a concern about the three month timeframe, as it has been difficult to schedule meetings. Councilmember Coplen suggested keeping the same committee. Councilmember Lindamood suggested the City Council could work with a committee within the next 12 months. Mayor Newton asked Councilmember Short if he would be willing to go with that suggestion. Councilmember Short replied he would prefer six months. Mayor Newton asked Councilmember Short why 12 months would not work. Councilmember Short replied why not three months. Councilmember Taylor asked Mayor Newton why the extension and if the Mayor was trying to extend beyond the next election. Mayor Newton replied that he had not even thought about the next election in this context and that it was not a consideration. Mayor Newton asked Councilmember Short if he would like something put in place prior to the next election. Councilmember Short replied he would like something kicked off prior to the next election, given that he will not be able to file for his place. Councilmembers Lindamood and Nakamura stated being in favor of one year. Mayor Newton agreed. Councilmember Short stated if it is in the ordinance, then it should get done, and he stated being fine with the year. Mayor Newton accepted the amendment to one year. Chairman Mathisen stated there is a long term funding policy currently in place. Mayor Newton stated that the committee’s charge would be specific to capital improvement projects because the operations and maintenance component is already covered. He suggested it should be to assess and make any recommended changes to policy for funding capital improvements. City Council Minutes November 15, 2016 City of Colleyville Page 13 Councilmember Coplen asked Mayor Newton if this is for the Utility Fund. Mayor Newton replied correct. Councilmember Taylor asked Chairman Mathisen why it is that everyone is implying there is something improper taking place, when the City is audited every year. Chairman Mathisen replied she has not looked at the auditing papers, but there is confusion on what the actual numbers. She stated that is a question for the City Council, and transparency is something that should be worked on in this case. Councilmember Taylor suggested making the ordinance consistent to read “wastewater” where “sewer” is mentioned. Mayor Newton and Councilmember Short accepted the amendment. Councilmember Nakamura stated not being in favor of the timeframe to address the situation, especially when it will be done when it is needed to be done. The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Mayor Pro Tem Chris Putnam City Manager Jennifer Fadden explained that staff had identified an error in the City’s 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 alerted the City Council 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 Councilmembers Taylor, Coplen and Lindamood stated because it was our error, we should not back bill those customers. City Council Minutes November 15, 2016 City of Colleyville Page 14 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. Mayor Newton stated not being in support of this request because he believes there are other options for the developer. Councilmember Lindamood concurred, and stated he noticed the back of the lots are already filled, which may mean they can ask to have some of the lot removed from the floodplain area. Rome Barnes, 1800 Valley View Lane, Farmers Branch, Project Manager, presented this item and briefed the City Council. Councilmember Taylor asked Mr. Barnes why the pad sites cannot be built up. Mr. Barnes replied because of the water surface in that area, they are stuck with what they have. Councilmember Lindamood asked Mr. Barnes if their hydrologist kept the line after the work was completed. Mr. Barnes replied yes, the red line indicates the line they are stuck with. Mayor Newton asked Mr. Barnes if this is not approved, will he walk away from this project. Mr. Barnes replied no, he will keep looking for a builder who will work within the setbacks. Councilmember Lindamood asked Mr. Barnes if he could work with FEMA to get a variance to the floodplain/floodway. Mr. Barnes replied he wished that was the case, and they have worked on getting the dirt where they could. Mayor Newton suggested removing a lot to make the lots larger. Russell Slovak, the applicant, added based on the computer model, all work, fill work etc., that can be done to get more of a buildable area has been done. Councilmember Lindamood asked Mr. Slovak who provided the zoning exhibit to him. Mr. Slovak replied this zoning exhibit was in the original zoning request packet, completed by the original owner in 2008, done by an architect. Mayor Newton opened the public hearing at 10:33 p.m. City Council Minutes November 15, 2016 City of Colleyville Page 15 Robert Potter, 1104 Chatsworth Court West, filled out a speaker card in support, but chose not to speak. Harold Whitten, 1205 and 1209 Garry Lynne Drive, spoke in support of this request. Councilmember Lindamood asked Mr. Whitten if the water stays out of Doug Gray’s yard. Mr. Whitten replied there is an area that drops off, and the water does cut across the back, but they have not had water backed up since the channel was built. Dave Emler, 1300 Chatsworth Court East, spoke in support of this request. Keith Mooney, 1216 Chatsworth Drive, spoke in support of this request. Janice Gauntt, 4105 Lexington Parkway, spoke in support of this request. Marilyn Keith, 1112 Riverwalk Court, spoke in opposition of this request with concerns about the notification of this zoning case, the ponds along Riverwalk Drive, and the drainage from the proposed roundabout at Riverwalk Drive and Glade Road. She suggested making the subject property into a park. Kathy Hadley, 204 Timberline Drive North, spoke in opposition of this request with concerns about the floodplain areas filling up with water and the size of the proposed lots. Councilmember Taylor asked Mr. Slovak what he defines a “small” home to be. Mr. Slovak replied not knowing, only what the builders have told them what they want for a buildable area. There were no others present wishing to speak and Mayor Newton closed the public hearing at 10:58 p.m. Councilmember Lindamood asked Mr. Slovak what a 25 foot front setback would provide. Mr. Slovak replied it is certainly better than nothing at all. Mayor Newton made a motion to deny Ordinance O-16-1997. Councilmember Taylor seconded the motion. Councilmember Short asked staff if the methodology could be changed to change to drainage numbers. Public Works Director Jeremy Hutt replied the Land Development Code is very specific by allowing the use of the rational method, until the water shed reaches an excess of 100 acres. He stated at that point you are required to use a unit hydrograph method which better reflects the actual conditions when you have a series of ponds. He added the unit hydrograph method is a more appropriate method for this scenario. City Council Minutes November 15, 2016 City of Colleyville Page 16 Mayor Newton stated he believes there are other options to pursue. The motion to deny carried with the following vote: Aye: 5 – Mayor Richard Newton and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, and Mike Taylor Nay: 1 – Councilmember Nancy Coplen Absent: 1 – Mayor Pro Tem Chris Putnam 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 agreed with the Planning and Zoning Commission’s recommendation of an R40 zoning change rather than R20. Councilmember Short asked staff why the lot faces Glade Road rather than Bills Lane. Director Bryner replied Bills Lane is actually a private drive. He added they could, but they would have to get permission from the property owner. Councilmember Short stated it appears the lot has a drive from Bills Lane. Director Bryner added the intent was to have access from Bills Lane, but the exhibit indicates the drive from Glade Road. Mayor Newton opened the public hearing at 11:11 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:11 p.m. Councilmember Taylor made a motion to approve Ordinance O-16-1998 with the R40 zoning designation. Councilmember Nakamura seconded the motion. City Council Minutes November 15, 2016 City of Colleyville Page 17 The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Mayor Pro Tem Chris Putnam 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4061 Consideration of the abandonment of a public right-of-way between Lots 32R, 42R, and 43R-1 of the Village at Colleyville Addition, located at 91, 93, 95, 99 Cottage Lane and 104, 124 Terra Cotta Way, Case GC16-013 Mayor Newton read Resolution R-16-4061 in its entirety. Community Development Director Ben Bryner presented the item and briefed the Council. Karen Stafford Brown, the project engineer for the property, came forward to answer any questions City Council may have had. Mayor Newton asked Ms. Brown why or what is the objective to replat the property. Ms. Brown replied the property has changed owners. Josh Zelkey, property owner representative, stated they propose to construct 10 individual residences, with about 2,500 square feet in size, with individual yards, and alley way garages. Mayor Newton asked staff what is the property zoned. Director Bryner replied it is currently zoned PUDC-Planned Unit Development Commercial which allows for residential and office uses. Mayor Newton opened the public hearing at 11:20 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:20 p.m. Councilmember Taylor stated he thought these lots were zoned for detached homes. Mayor Newton replied he believed so. Councilmember Taylor asked staff about the zoning on the subject properties. Director Bryner replied it is currently zoned PUDC-Planned Unit Development Commercial which allows for a certain number of residential units. City Council Minutes November 15, 2016 City of Colleyville Page 18 Councilmember Taylor asked Mr. Zelkey why the original layout could not be used. Mr. Zelkey replied one issue is that all of the garages need to be accessed from the rear, and the original layout will not provide for that rear access. Councilmember Taylor requested for City Council to recess into executive session for a legal briefing. City Attorney Whitt Wyatt agreed with his request. Mayor Newton recessed the meeting at 11:23 p.m. Mayor Newton reconvened the executive session at 11:25 p.m. Mayor Newton adjourned the executive session at 11:30 p.m. Mayor Newton reconvened the meeting at 11:33 p.m. Mayor Newton made a motion to deny Resolution R-16-4061. Councilmember Nakamura seconded the motion. The motion to deny failed with the following vote: Aye: 2 – Mayor Richard Newton, and Councilmember Bobby Lindamood Nay: 4 – Councilmembers Tammy Nakamura, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Mayor Pro Tem Chris Putnam Councilmember Taylor made a motion to table Resolution R-16-4016. Councilmember Coplen seconded the motion. The motion to table carried with the following vote: Aye: 4 – Councilmembers Tammy Nakamura, Jody Short, Nancy Coplen, and Mike Taylor Nay: 2 – Mayor Richard Newton, and Councilmember Bobby Lindamood, Absent: 1 – Mayor Pro Tem Chris Putnam 7. DISCUSSION OF ITEMS NOT FOR ACTION 7a Update on the SH26 Construction Project Public Works Director Jeremy Hutt presented this report and briefed the City Council. City Council Minutes November 15, 2016 City of Colleyville Page 19 Mayor Newton asked staff if the January 1, 2017, “no sooner than” date for the “utility clear” decision was provided by the contractor. Director Hutt replied yes, they wanted to make sure they had a “no sooner than” date. Mayor Newton stated the City proposed realistic options to get the work started that would incentivize the contractor, but now we need AT&T to be out of there by the end of December. Councilmember Taylor complimented Mayor Newton’s leadership on getting the ground work started on this project. 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, spoke about people speeding at Jackson and Cheek-Sparger Road; people need to be respectful of our veterans and the problems they have, such as PTSD; there is no sound in the reprogramming of the broadcast; suggested having Christmas lights down Colleyville Boulevard; and, she appreciates how the City Council communicates back and forth with each other and with the residents. Frank Genco, 1104 John McCain, spoke about tree mitigation and preservation. Steve Waltens, 716 Duns Tew Path, filled out a speaker card, but left prior to this item being discussed. 9. REPORTS Parks and Recreation Advisory Board Meeting Minutes - April 4, 2016 Monthly Financial Report - October 2016 Quarterly Performance Management Report There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 15, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16- 4062 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 11:54 p.m. City Council Minutes November 15, 2016 City of Colleyville Page 20 APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 6TH DAY OF DECEMBER 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary