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HomeMy WebLinkAboutCity Council-Minutes-12/6/2016 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, December 6, 2016 WORKSESSION 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the Citizen Survey WS-2 Discussion of the 2017 City Council meeting dates WS-3 Discussion of the Financial Disclosure and Business Conflict of Interest Form WS-4 Discussion of the December 6, 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 and legal advice from the City Attorney regarding the Fort Worth Transit Authority’s legal response to the City regarding the TEX Rail project implementation process and related legal matters 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 City Council Agenda December 6, 2016 City of Colleyville Page 2 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Lee Johnson, Bear Valley Church 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-16-4065 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-16-4066 4a Approval of the minutes of the regular City Council meeting of November 15, 2016 4b Approval of the minutes of the Special City Council meeting of November 22, 2016 4c Approval of the minutes of the Special City Council meeting of November 28, 2016 4d Approval of a Professional Services Agreement for Municipal Court Prosecution Services 4e Consideration of a request by the Trinity River Authority to utilize FY 2016 Tarrant County Water Supply Project funds City Council Agenda December 6, 2016 City of Colleyville Page 3 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-16-1999 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 9, Block 2, of the Briarwood-Colleyville Addition, located at 6001 Quality Hill Road, Case ZC16-013 5b Ordinance O-16-2000 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 2, of the Jewell Estates Addition, located at 6603 Diamond Court, Case ZC16-018 5c Ordinance O-16-2001 Consideration of a zoning change from the AG-Agricultural district to the CN-Neighborhood Commercial district on Abstract 206, Tract 3A, in the BBB & C RY SURVEY located at 5300 Pleasant Run Road, Case ZC16-019 6. TABLED: RESOLUTION(S) 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. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-16-4067 Consideration of an appointment to the Planning and Zoning Commission 7b Resolution R-16-4068 Appointing members to the Classification and Compensation Study Committee 8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 8a Discussion of Utility Fund resources 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Agenda December 6, 2016 City of Colleyville Page 4 10. REPORTS Colleyville Library Board Minutes - August 29, 2016 Planning and Zoning Commission Minutes - October 10, 2016 Quarterly investment report for the quarter ended September 30, 2016 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 6, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4069 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards December 2, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 6, 2016 CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, December 6, 2016, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Jody Short, Nancy Coplen and Mike Taylor Absent: Councilmember Bobby Lindamood 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, 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, Marketing Coordinator Dustin Dangli, 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 the Citizen Survey Strategic Services Manager Adrienne Lothery presented this item and answered questions of the City Council. Councilmember Taylor asked Mayor Newton about the “bury the utility lines on SH26” question on the survey. Mayor Newton replied personally, if that were to be done, that would make the biggest aesthetic difference along SH26. He stated he would like to know, strategically, if this is something that citizens want to have completed. Councilmember Nakamura asked Mayor Newton if this is something that would have to be put on a ballot. Mayor Newton replied the question has to be asked first to see if there is sentiment for it to be done. Councilmember Short suggested asking “is the presence of power lines a problem?” He stated the other question simply jumps to a solution, but there may be other solutions that could be done to solve the issue. Mayor Newton believed asking, “do you believe the visual appearance of power lines is detrimental to the aesthetics of the City of Colleyville” would work. City Council Minutes December 6, 2016 City of Colleyville Page 2 Councilmember Short suggested, “are you willing to invest significant funds to move the utility lines?” Mayor Pro Tem Putnam stated the question will help to quantify the appetite to see if the citizens even want it. Mayor Pro Tem Putnam asked City Council about the cost to bury the lines in the past discussions. Councilmember Taylor replied it changed over time. Councilmember Nakamura replied she believed $26 million, or something like that. Councilmember Taylor stated he believe the ballot included $11 million. Mayor Pro Tem Putnam agreed with Councilmember Short’s version of the question. Manager Lothery stated staff will work on the language, such as “remove overhead lines from SH26.” Councilmember Taylor suggested removing this from the survey instrument, “The CEDC Fund has capacity to take on a significant project without impacting the City’s tax rate General Fund.” He stated he did not want to lead people to believe that there is a pile of money. Councilmember Nakamura stated she believes it is important for the citizens to know that their taxes are not going to be impacted. Mayor Pro Tem Putnam suggested rather than striking, it could read, the CEDC fund has capacity to take on a project without impacting the City’s tax rate General Fund.” Mayor Newton concurred with the suggestion. Mayor Pro Tem Putnam suggested removing, “General Fund.” Councilmember Coplen asked City Council if the phrase, “In 1996, Colleyville citizens voted to collect a ½ cent sales tax to “provide for parks and parks facilities, a library, a community center, open space improvements, and other facilities and improvements only as authorized by the Texas Local Government Code” is necessary to remain in the survey instrument. She suggested having, “a ½ cent sales tax to “provide for parks and parks facilities, a library, a community center, open space improvements, and other facilities and improvements only as authorized by the Texas Local Government Code.” Councilmember Nakamura stated being good with either one. Mayor Newton stated it is important for everyone to be reminded of where the tax comes from. Councilmember Taylor suggested adding an item under 8a as, “D. Pedestrian trails and sidewalks.” Councilmember Putnam stated the trails and sidewalks question has always been on the survey, although it has been a bit leading, none the less, it would be a good City Council Minutes December 6, 2016 City of Colleyville Page 3 question to ask so that a great discussion can be had about the trail/sidewalk master plan. Mayor Newton asked Mayor Pro Tem Putnam how the question would be asked. Mayor Pro Tem Putnam replied “additional pedestrian amenities, such as sidewalks and trails” but without specificity about location. Councilmember Short stated it may not be necessary to limit their choices to just three. Mayor Newton stated limiting to the three is fine. Councilmember Short asked City Council about adding the “funding of sport fields.” Mayor Pro Tem Putnam suggested putting it under 8b. Mayor Newton stated not without the development of additional park land. He stated he personally did not want that question included. Councilmember Coplen asked Mayor Newton why he does not want the question on there. Mayor Newton replied he wants to know if there are big things, such as a multi-use facility. Councilmember Coplen asked staff about the cost of a phone survey. Manager Lothery replied phone surveys are very expensive. Councilmember Taylor agreed with the use of the utility billing inserts, as they are more cost effective, and more information can be included. Staff discussed the distribution of the survey timing with the utility billing cycles. Mayor Newton suggested the survey being available as soon as they open their bill. Mayor Pro Tem Putnam stated Dustin Dangli can do a social media alert as well, to let the citizens know it will be coming in their utility bill. Councilmember Taylor suggested having the survey go out in the January billing cycle, and the survey can be open until the end of February. Mayor Newton asked staff about the survey being limited to one IP address, since a home will typically have only one IP address. Limiting to one IP address will limit the household to one survey response. This could be alleviated if the vendor is able to provide a report of how many responses come from each IP address. Does the vendor have the ability to provide a report of the number of responses from each IP address? Manager Lothery replied yes. Mayor Pro Tem Putnam stated the report would be good to have. He stated the survey should not be limited to one IP address. City Council Minutes December 6, 2016 City of Colleyville Page 4 WS-2 Discussion of the 2017 City Council meeting dates City Secretary Amy Shelley presented this item and answered questions of the City Council. Mayor Newton stated being good with the proposed dates except for November. He stated he did not think the first meeting would need to be moved to accommodate the November election. City Councilmembers agreed. WS-3 Discussion of the Financial Disclosure and Business Conflict of Interest Form City Secretary Amy Shelley presented this item and answered questions of the City Council. Councilmember Lindamood joined the meeting during this discussion. Councilmember Taylor stated he believed the Charter amendment included all of Denton, Tarrant, and Dallas counties, not just the limited area as shown on the exhibit. City Manager Jennifer Fadden replied the ballot language was modified because all of the language could not be included on the ballot due to the size of the proposition. She explained that the communication tools all stated the information as outlined by the Charter Review Committee. Mayor Pro Tem Putnam concurred with Councilmember Taylor and stated he was fine either way. He added not being sure if the level of detail for the disclosure area was discussed. Mayor Newton asked staff if City Council approved the language by a resolution or by an ordinance. City Manager Jennifer Fadden replied City Council approved a resolution to call the election and a resolution to accept the Charter Review Committee’s recommendations for the Charter amendments. Mayor Newton stated the ordinance could require a geographical area larger than that required by the Charter change. City Attorney Whitt Wyatt replied the ballot language provides for a certain area, and the Communicator provides what the ballot language included, as well as how it would appear, if the Charter amendment was approved. He stated he does not believe there is any legal impediment to expanding the disclosure area. Mayor Newton and City Councilmembers agreed upon the expansion of the disclosure map to include all of Denton, Tarrant, and Dallas counties. Councilmember Lindamood asked staff about the CIQ forms within the bid packets. Mayor Pro Tem Putnam stated this discussion is relative to the Charter City Council Minutes December 6, 2016 City of Colleyville Page 5 amendments. Mayor Newton added the implementation of those forms has already taken place. Mayor Newton stated “business interests” is not covered in these forms, but should be included. Mayor Pro Tem Putnam stated a definition for “business interest” should be specified. Councilmember Lindamood agreed. Mayor Pro Tem Putnam stated it will need to be decided to keep the definition broad or more specific. WS-4 Discussion of the December 6, 2016, City Council regular agenda items Councilmember Coplen asked Mayor Newton about the appointment to the Planning and Zoning Commission. Mayor Newton replied this was placed on the agenda because of a vacancy, and the applicant will be pulled from the list of applicants who submitted their application for the previous Planning and Zoning Commission appointments, but were not appointed at that time. Councilmember Coplen asked Mayor Newton if the City Council will be able to ask questions at this time. Mayor Pro Tem Putnam answered and stated it will be a public hearing. Councilmember Coplen stated having concerns about making appointments to the compensation committee when there are no names listed to choose from. Mayor Newton replied the intention for this item is to place someone from the community who has specific expertise in the human resources arena that have done this type of work. Councilmember Coplen asked Mayor Newton who they are. Mayor Newton replied we do not have names, at this time. He stated he does not want to hold this process up, and if they have names to provide, please do so. Councilmember Taylor suggested Scott Redfearn because he is in the human resources area. Mayor Pro Tem Putnam stated Scott may need to be recruited. Mayor Pro Tem Putnam stated being comfortable with the Mayor having discretion, but if that is a problem, it should not be forced. Mayor Newton suggested the City Council provide names to the city manager. Councilmember Coplen asked Mayor Newton if the committee information was put out. Mayor Newton replied no, it is an ad hoc committee. He stated he can make the call to the citizen to see if they have an interest in helping the City with this project. Councilmember Coplen asked if all members could make a motion about the applicants for the Planning and Zoning Commission. Mayor Newton replied yes, a City Council Minutes December 6, 2016 City of Colleyville Page 6 discussion can be made about the members, and then every Councilmember can throw a name out, or someone can make a motion and either vote it up or down. Mayor Newton adjourned the worksession at 6:40 p.m. Mayor Newton called the Executive Session to order at 6:47 p.m., and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor 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 and legal advice from the City Attorney regarding the Fort Worth Transit Authority’s legal response to the City regarding the TEX Rail project implementation process and related legal matters 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 Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The session was adjourned at 7:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:45 p.m. City Council Minutes December 6, 2016 City of Colleyville Page 7 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, Executive Director of Economic Development and Communications Mark Wood, Community Development Director Ben Bryner, Parks Manager Heather Dowell, Marketing Coordinator Dustin Dangli, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Amy Shelley INVOCATION: Pastor Lee Johnson, Bear Valley Church 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-16-4065 Mayor Newton read Resolution R-16-4065 in its entirety. Mayor Newton opened the public hearing at 7:49 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:50 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4065. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, 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 Council Minutes December 6, 2016 City of Colleyville Page 8 Councilmember Taylor thanked Mayor Newton for his help during the Breakfast with Santa event held this past Saturday. He added the first hotel in Colleyville is now open for families to book for the holidays. Councilmember Lindamood expressed his congratulations to the CHHS football team for winning division. Councilmember Lindamood also wished his daughter a happy 12th birthday. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-16-4066 4a Approval of the minutes of the regular City Council meeting of November 15, 2016 4b Approval of the minutes of the Special City Council meeting of November 22, 2016 4c Approval of the minutes of the Special City Council meeting of November 28, 2016 4d Approval of a Professional Services Agreement for Municipal Court Prosecution Services 4e Consideration of a request by the Trinity River Authority to utilize FY 2016 Tarrant County Water Supply Project funds Mayor Newton read Resolution R-16-4066 in its entirety. City Manager Jennifer Fadden explained that item 4e is no longer necessary as the Trinity River Authority could not secure the purchase of the land for the proposed project. City Manager Jennifer Fadden presented item 4d and briefed the City Council. Mayor Newton opened the public hearing at 7:54 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:55 p.m. Councilmember Coplen made a motion to approve Resolution R-16-4066 with the removal of 4e. Councilmember Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen City Council Minutes December 6, 2016 City of Colleyville Page 9 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-16-1999 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 9, Block 2, of the Briarwood-Colleyville Addition, located at 6001 Quality Hill Road, Case ZC16-013 Mayor Newton read the caption of Ordinance O-16-1999. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff if the building met the side yard setback. On the drawing it appears the building goes over that setback. Director Bryner replied the line identifies the setback for the primary structure, which would be a 10 foot setback, but being a detached structure, they are allowed to be as close as five feet, at that five foot distance, they can only be as tall as eight feet in height, from there basically a 1:1 slope, and they would have to be under that slope and not penetrate above that. So, it does comply with the setback for a detached structure. Mayor Newton asked staff if that is the explanation for the roof line and why it is constructed like it is, to avoid that. Director Bryner replied yes. Councilmember Taylor asked staff about why this is not considered a dwelling unit rather than an accessory building. Director Bryner replied without an oven or stove, it is not considered a second dwelling unit. Councilmember Taylor asked staff why this is considered an accessory building and not a dwelling unit. Director Bryner replied during the construction process, the building inspectors will ensure the gas lines or electrical lines are not run for items such as a stove. He stated after the construction time, there would be no way to know if the lines are installed. Mayor Newton stated being concerned about the size and not sure about the recommendation of approval by staff. He stated he would like to know the size of the surrounding accessory buildings in the area so that he can compare them to this building. Mayor Newton opened the public hearing at 8:04 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:04 p.m. This was a first reading, therefore, City Council did not take any action. City Council Minutes December 6, 2016 City of Colleyville Page 10 5b Ordinance O-16-2000 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 2, of the Jewell Estates Addition, located at 6603 Diamond Court, Case ZC16-018 Mayor Newton read the caption of Ordinance O-16-2000. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked George von Lang, the property owner, if there are deed restrictions or homeowner associations to comply with. Mr. Lang replied no. Mayor Newton opened the public hearing at 8:09 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:09 p.m. This was a first reading, therefore, City Council did not take any action. 5c Ordinance O-16-2001 Consideration of a zoning change from the AG-Agricultural district to the CN-Neighborhood Commercial district on Abstract 206, Tract 3A, in the BBB & C RY SURVEY located at 5300 Pleasant Run Road, Case ZC16-019 Mayor Newton read the caption of Ordinance O-16-2001. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Taylor asked staff if a drive to the rear can be done. Director Bryner replied yes. Councilmember Taylor asked staff if any consideration was given to the building being advanced to the street and the parking behind. Director Bryner replied a detailed review has not been completed, but staff will make a strong recommendation that they consider that. Councilmember Taylor added it would be easier for emergency access for fire, in the event of an emergency. Councilmember Lindamood stated it would put the building more in line with the other commercial buildings. City Council Minutes December 6, 2016 City of Colleyville Page 11 Wayne Lambdin, Lambdin Architects, presented this item and briefed the City Council. He stated they plan to move the building more toward the front of the property. Councilmember Taylor stated he would like to see the revised site plan. Mayor Newton opened the public hearing at 8:17 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:18 p.m. The following person did not wish to speak, but did wish to register his support: Robert Figueroa, 817 Central Drive. This was a first reading, therefore, City Council did not take any action. 6. TABLED: RESOLUTION(S) 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 Councilmember Taylor made a motion to remove Resolution R-16-4061 from the table for consideration. Councilmember Coplen seconded the motion. The motion carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen Mayor Newton read Resolution R-16-4061 in its entirety. Community Development Director Ben Bryner stated there is no update from the previous meeting. Donald Silverman, 14801 Quorum Drive, Suite 160, Dallas, presented this item and briefed the City Council. Councilmember Taylor asked Mr. Silverman if the two easements still exist, how they will build on the property. Mr. Silverman replied he disagrees with the City’s opinion that both easements exist, it would be a lot less efficient, and they would not be able to build on the west side. Mayor Newton opened the public hearing at 8:30 p.m. City Council Minutes December 6, 2016 City of Colleyville Page 12 There was no one present wishing to speak and Mayor Newton closed the public meeting at 8:30 p.m. Mayor Newton made a motion to deny Resolution R-16-4061. Councilmember Lindamood seconded the motion. Councilmember Taylor stated he will not vote to deny the request as he believes the applicant’s request is the best and highest use of the property. Mayor Newton stated he does not support the request because to remove the right-of-way without specifics, is not the right thing to do, and the City would have zero control over what happens, which is not wise. The motion carried with the following vote: Aye: 4 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, and Bobby Lindamood Nay: 3 – Councilmembers Jody Short, Nancy Coplen, and Mike Taylor 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-16-4067 Consideration of an appointment to the Planning and Zoning Commission Mayor Newton read Resolution R-16-4067 in its entirety. Councilmember Coplen stated there are several to be considered but stated not being sure who is really qualified to be on the Planning and Zoning Commission, especially since this person will be serving until 2017. Mayor Newton stated that all of the applicants listed in the City Council briefing indicated on the application they would like to serve on the Planning and Zoning Commission. He also stated that there are numerous persons qualified to serve in that he had researched all applications and questionnaires, and he had selected a name he planned to support. Councilmember Coplen made a motion to appoint John Frazier to the Planning and Zoning Commission with a term expiring September 2017. Councilmember Short seconded. Councilmember Nakamura stated not knowing some people on the list either, and stated she would like to see more before a decision is made. City Council Minutes December 6, 2016 City of Colleyville Page 13 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. The motion failed with the following vote: Aye: 3 – Councilmembers Jody Short, Mike Taylor, and Nancy Coplen Nay: 4 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura and Bobby Lindamood Councilmember Coplen made a motion to appoint Jim Gotcher to the Planning and Zoning Commission with a term expiring September 2017. Councilmember Taylor seconded. The motion failed with the following vote: Aye: 3 – Councilmembers Jody Short, Mike Taylor, and Nancy Coplen Nay: 4 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura and Bobby Lindamood Mayor Newton made a motion to appoint Charles Kelley to the Planning and Zoning Commission 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 Nay: 2 - Councilmembers Jody Short and Nancy Coplen 7b Resolution R-16-4068 Appointing members to the Classification and Compensation Study Committee Mayor Newton read Resolution R-16-4068 in its entirety, and briefed the City Council and stated these appointments would be made by ad hoc and not by advertisement. He further asked City Council to provide citizen names to either himself or the city manager for those appointments. Mayor Newton opened the public hearing at 8:47 p.m. City Council Minutes December 6, 2016 City of Colleyville Page 14 There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:47 p.m. Mayor Newton made a motion to table this resolution. Councilmember Coplen seconded the motion. The motion to table carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 8a Discussion of Utility Fund resources Mayor Newton presented this item and briefed the City Council using a PowerPoint presentation. Mayor Pro Tem Putnam stated rather than raising the rate, there are other ways to achieve funding for the 2021 projects, like debt initiatives. Mayor Newton agreed, and stated the policy could be changed. Councilmember Lindamood stated the water tower was a hypothetical and will need to be revisited, especially if it is not needed. Mayor Newton stated each year the City Council will revisit the CIP as a standard process. Councilmember Short stated the study completed previously indicated there were $55 million dollars in projects, which equates to $2.7 million dollars needed per year. He added there are a lot of projects ahead of us, and the sooner we get after it, the better. Mayor Pro Tem Putnam asked City Council why the concern about the ongoing CIP funding when there was the ongoing transfer from the Utility Fund to the General Fund. The cause of the reason for the rate increases was because of that transfer. He added Mayor Newton has explained this with an extraordinary amount of clarity, and in the future, we will have to look at ways to fund the projects. Councilmember Coplen stated her water bill did go up based on the new rate. She stated not knowing the political reason as to why there were several projects moved up to 2017, which were actually scheduled in later years. Mayor Newton stated not being aware of any political reasons in the approval of this capital plan. Councilmember Lindamood stated he believes there should be a small cushion in the fund, but not a huge cushion. The money should be in the citizen’s pockets and not the City’s. City Council Minutes December 6, 2016 City of Colleyville Page 15 Councilmember Nakamura thanked Mayor Newton and Mayor Pro Tem Putnam for the clarification. Mayor Newton’s presentation is something we can provide to the people so that they can see what is going on. Mayor Newton opened the public hearing at 9:21 p.m. Steve Waltens, 716 Duns Tew Path, thanked Mayor Newton for his incredible transparency and honesty and stated it is so rare for elected officials to do so. He stated the water issue was the crux of peoples’ frustrations. He stated this has been made very clear that the City is not in any danger, and that fear tactics are being used to mislead the uninformed. Tony Seris, 5000 Montclair Drive, thanked Mayor Newton for being able to speak and for the City Council maintaining the rural feel of Colleyville. He thanked the City Council for their actions relative to the water rate change. David Medlin, 605 Montreux Avenue, thanked Mayor Newton for the clarified presentation he provided. He stated the rate committee needed this information prior to their discussions. George Dodson, 7309 Balmoral Drive, thanked Mayor Newton for the presentation he provided and the hard work that has been focused on the promises the City Council has made. He stated the committee worked as a team, and he appreciated the opportunities provided. Joe Moore, 133 Acuff Lane, stated being a part of the committee and that they worked together as a team. He had questions about the remaining CIP funds from the 2016 budget, and the 90 day reserve. He stated he supports having a CIP funding committee, and there are issues to be addressed now rather than later. Louis Miller, 7802 Tillman Hill Court, stated conservation is important to consider now; in favor of keeping the Utility Fund at a higher rate; and that planning should be based on making this a great City. Mike Sexton, 3612 Greenbriar Court, stated his water bill has been high; there is constant misinformation flowing about the rates, but there has been a lot of transparency provided about the rates; and thanked the City Council for their hard work. Mayor Newton asked staff about the 90 day operating reserve. City Manager Jennifer Fadden replied the $3.8 million dollars a calculation based on the Fiscal Year 2017 Utility Fund budget of $15.5 million dollars ($15.5 million divided by 365 days times 90 equates to $3.8 million). City Council Minutes December 6, 2016 City of Colleyville Page 16 Mayor Newton asked staff about impact fee restrictions. City Manager Jennifer Fadden replied under state law, impact fees that are collected for utility or roadway purposes, can only be spent on capacity enhancement projects. Councilmember Taylor stated he appreciated Mayor Newton’s presentation and stated he appreciated the work of the committee, and he believes in the current rate. He stated he values having strong cash reserves on hand, but everyone has a difference of opinion. Mayor Newton asked Councilmember Taylor about his statement that he disagrees about what we do in the future. Councilmember Taylor stated there was a concern about capital improvements, but the committee was not charged with looking at the CIP. He stated it has been said there is enough cash on hand; however, there is a limited recovery of that cash, roughly $2 million each year. He stated the committee suggested putting a line item on the water bill for CIP, and he would like to adopt that idea. Mayor Newton provided a brief overview of the proposed City Council policy steps as outlined in the presentation, and stated all are in agreement about the line item on the water bill. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Frank Genco, 1104 John McCain Road, spoke about tree preservation, tree mitigation, and the tree cutting/clearing around the railroad. Steve Waltens, 716 Duns Tew Path, spoke about conservative values in this community and their conservative thinking; and that David Medlin was recognized as a conservative leader in our community by Empower Texans. Kathleen Hennessy, 5013 Stonebridge Drive, thanked Mayor Newton for his presentation. She provided a presentation on “Stormwater drainage: The Preservation and its neighbors.” Ava Fryer, 5129 Stonebridge Drive, was going to speak; however, yielded her five minutes to Ms. Hennessy. David Medlin, 605 Montreux Avenue, suggested someone should help Ms. Hennessy by reaching out to her. 10. REPORTS Colleyville Library Board Minutes - August 29, 2016 Planning and Zoning Commission Minutes - October 10, 2016 Quarterly investment report for the quarter ended September 30, 2016 There was no discussion of this item. City Council Minutes December 6, 2016 City of Colleyville Page 17 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 6, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4069 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 10:31 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 20TH DAY OF DECEMBER 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary