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HomeMy WebLinkAboutCity Council-Minutes-5/16/2017 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, May 16, 2017 WORKSESSION 4:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Update on the Senior Center facility usage WS-2 Discussion of the STAR (Status, Transparency, Accountability, & Results) Report WS-3 Duck Crossing Signs on Riverwalk Drive WS-4 Cherry Lane fencing and related Land Development Code policy direction WS-5 Discussion of the May 16, 2017, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with 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 enforcement of Planned Unit Development Ordinance O-13-1867 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 – Personnel – Deliberate the appointment, employment, evaluations, and the duties of the city manager 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 May 16, 2017 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Dave Jung, Crown of Life 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-17-4128 3. OATH OF OFFICE Kathy Wheat, Place 3 George Dodson, Place 4 4. RECEPTION FOR INCOMING CITY COUNCIL MEMBERS 5. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the Featured Business of the Month - Vitality Bowls, 5615 Colleyville Boulevard, Suite 420, Anita Etta, owner - Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood 6. ELECTION OF A MAYOR PRO TEM 7. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4129 7a Approval of the minutes of the regular City Council meeting of May 2, 2017 7b Approval of an Interlocal Agreement for Mutual Access to cloudLibrary Digital Resources, designation of the Library and Recreation Director as the designated liaison for the City of Colleyville; and authorize the city manager to execute the Agreement 7c Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of John McCain Road from Westcoat Drive to Pleasant Run Road, and authorize the city manager to execute the Agreement City Council Agenda May 16, 2017 City of Colleyville Page 3 8. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 8a Ordinance O-17-2011 Approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2017 Rate Review Mechanism Filing and adopting tariffs that reflect rate adjustments consistent with the negotiated settlement 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-17-4130 Consideration of a request for the abandonment of a utility easement for the property located at 409 Timberline Drive South, Lot 1R1, Block 3, of the Highland Acres Addition 9b Resolution R-17-4131 Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project Customer City meetings 9c Resolution R-17-4132 Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System 9d Resolution R-17-4133 A resolution establishing a Colleyville Sidewalks Ad Hoc Committee 10. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 10a Monthly Financial Report - April 2017 10b Quarterly Performance Management Report 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 12. REPORTS Planning and Zoning Commission Minutes - April 10, 2017 Zoning Board of Adjustment Minutes - April 11, 2017 City Council Agenda May 16, 2017 City of Colleyville Page 4 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR May 16, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4134 14. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 12, 2017 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, May 16, 2017 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, May 16, 2017, at 4:36 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, and Mike Taylor Absent: Mayor Pro Tem Chris Putnam and Councilmember Nancy Coplen Mayor Newton invited Councilmembers elect Kathy Wheat and George Dodson to join the worksession. City Manager Jennifer Fadden, Assistant City Manager/Director of Public Safety Mike Holder, Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood, Fire Marshal Rob McKeown, Assistant Police Chief Robert Hinton, Interim Chief Financial Officer Winston Duke, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Recreation and Library Director Mary Rodne, Recreation and City Events Manager Lisa Escobedo, Colleyville Center Manager Leslie Hill, 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 Update on the Senior Center facility usage Recreation and City Events Manager Lisa Escobedo presented this item and briefed the City Council. Mayor Newton asked staff if the tables and chairs in the rooms are already in the rooms, and not set up specifically for meetings. Manager Escobedo replied yes. Mayor Newton asked staff what is the size of the smallest room at Colleyville Center. Colleyville Center Manager Leslie Hill replied 800 square feet. Mayor Newton asked staff about the size of the Texas Room at the Senior Center and if four tables are in the room. Manager Escobedo replied 532 square feet and there are four tables in the room. City Council Minutes May 16, 2017 City of Colleyville Page 2 Councilmember Taylor asked staff if there is a minimum capacity of 16 for each room, as noted in the presentation. Manager Escobedo replied yes, and it is currently the set up and configuration of each room. Councilmember Taylor asked staff why 16 is set since one room has enough square feet for more chairs. Manager Escobedo replied greater capacity exists with just chairs in the room, but because of limited staffing to complete setup and tear down, the rooms have been set at 16 per room. Councilmember Lindamood asked Mayor Newton if we are limited to 16. Mayor Newton replied it is a matter of making the rooms available without impacting staff because currently the rooms are free. Councilmember Nakamura asked Mayor Newton if the purpose of this discussion is to look at holding meeting space for subcommittees. Mayor Newton replied yes, but we needed to review to a policy to see if holding meetings is an option. We need to be careful not to impact staff headcount. Councilmember Nakamura asked City Council what if someone wants 18 in a room, and they bring their own chairs, are we going to tell them space is not available. Councilmember Taylor suggested those requesting to use the facility could put down a deposit for meeting space, and the deposit could be returned, if there were no issues. Councilmember Lindamood suggested having the fire chief review the capacity for each room. Fire Marshal Rob McKeown stated he does not know the room capacity, but the building official could calculate the capacity and the fire marshal would enforce the code. Councilmember Nakamura asked Colleyville Center staff if they have turned people away for rooms being filled for the smaller meetings. Manager Hill replied not very often, and other dates are usually offered. Mayor Newton asked staff about the charge for the smaller room at the Colleyville Center. Manager Hill replied the non-profit rate is $75 per four hours, and $200 for non-resident. Councilmember Nakamura stated the purpose of this is to help the clubs and their subcommittees who need to meet, but do not want to pay for it. Councilmember Short asked staff about other meeting rooms or facilities that can be used in the City. Library and Recreation Director Mary Rodne replied there is a large meeting room in the library, which can be divided, but it is almost always City Council Minutes May 16, 2017 City of Colleyville Page 3 being used by programming; there is a teen room, and a smaller conference room that can fit five or six people. Mayor Newton asked staff about the policy or charge for those rooms. Director Rodne replied the rooms are public and there is no charge. Councilmember Nakamura asked staff if they ever get calls for a specific day to use the facility. Director Rodne replied often times we will ask about the size of their groups, and we let them know about the Colleyville Center as the official meeting place. She added the Library will host, if the rooms are available. Councilmember Short asked staff about the rock house and whether or not it rented. Manager Escobedo replied it is not rented for meeting spaces, as it is used for recreation programming. Councilmember Short asked staff if additional meetings and additional programming will drive any additional staff needs. Manager Escobedo replied it will increase utilization of the facility for custodial needs. Mayor Newton stated the immediate approach is to open up the smaller rooms. Councilmember Nakamura asked Mayor Newton how we will inform people of these rooms. Mayor Newton replied the standard communication efforts will be used such as E-News, Colleyville Communicator, and the website. Councilmember Taylor asked staff about the total occupancy for the large, main room at the Senior Center. Manager Escobedo replied 300. Mayor Newton asked staff what the Lions Club is now required to pay for the Colleyville Center meeting room. Manager Hill replied yes, $75 per meeting, and $100 a week for food service. Councilmember Taylor asked staff if they have to do a lot to set up for the Lions Club. Manager Hill replied the Colleyville Center staff does the room set up and tear down for the Lions Club. Councilmember Taylor asked staff if the $75 charge is to cover the room set up and tear down. Manager Hill replied it covers some of the cost. Mayor Newton asked staff if other organizations are charged the same. Manager Hill replied yes. Mayor Newton asked Councilmember Taylor if he wishes to revisit the charges for Colleyville Center. Councilmember Taylor replied no, he stood by the Council’s decision about the charges. City Council Minutes May 16, 2017 City of Colleyville Page 4 Mayor Newton stated the intent of this was no to impact the staff for these types of subcommittee meetings. The proposed policy accomplishes minimally impacting staff. The only room which may cause issues would be the larger room, which was not included in the plan. One way to move forward, is to agree to the recommended policy of the other three smaller rooms, and exclude the larger room until we can determine how to handle it. Councilmember Nakamura asked staff if they can keep track of the types of groups using the facility. Manager Escobedo replied yes. Councilmember Short stated being concerned of opening up the facility without charging anything, maybe a nominal fee of $5 would be acceptable. Mayor Newton asked staff if handling money for the room rental would be an issue. Manager Escobedo replied no, money is accepted for other rentals such as pavilions and fields. Councilmember Taylor suggested a deposit should be made so that the renter returns the room back to the way it was found. This will cover staff’s time, and it could be returned, or charged if needed. This will protect the cost of doing business. Councilmembers agreed to a deposit, but Councilmember Nakamura stated not liking the word “deposit.” Councilmember Nakamura asked staff if the money would be charged if not needed. Manager Escobedo replied correct. Councilmember Nakamura replied it is not really a deposit. Mayor Newton stated that is the definition of deposit. Manager Escobedo restated the rooms will rent for a $5 fee, with a $50 deposit, charged only if necessary. City Manager Jennifer Fadden stated the fee will be updated in July for adoption in September, with the budget cycle, and effective October 1. WS-2 Discussion of the STAR (Status, Transparency, Accountability, & Results) Report Strategic Services Manager Adrienne Lothery, City Manager Jennifer Fadden, Assistant City Manager/Director of Public Safety Mike Holder, and Interim Assistant City Manager/Director of Economic Development and Communications Mark Wood presented this item and briefed the City Council. Councilmember Taylor asked Mayor Newton what is the objective of the 3.2 strategy, “Ensure regular replacement of water and wastewater facilities.” Mayor Newton replied the CIP is in place, and this objective refers to strategically combining the use of cash or bonds to fund these projects. City Council Minutes May 16, 2017 City of Colleyville Page 5 Councilmember Taylor asked Mayor Newton about the timeframe relative to the water rate structure and the CIP. Mayor Newton replied 12 months. He added we should kickoff the Water Utility Committee this summer to look at all of the options and strategies relative to the project side. Councilmember-elect Dodson asked staff what rate model needs to be updated. City Manager Jennifer Fadden replied it is the utility rate model that will be updated annually, during the budget process. Mayor Newton stated action is being taken now to make changes to the utility bill to make the sewer side look like the water side on the utility bill. This will breakout the fixed component of the bill and the volumetric component of the bill which provides the most transparency to citizens of what their water charge and sewer charge are used for. Mayor Newton asked staff about the health insurance options of self-funding a portion of the deductible. Director Rachel Huitt replied they have not looked at self-funding a portion of the deductible, but that they would. City Manager Jennifer Fadden replied a plan design is already on the table, and we recently had an analysis completed to look at the potential of regionalizing our risk pool. Five cities participated, but the risk outweighs the reward, but one strategy is to look at the plan design. Councilmember Lindamood asked staff about the Hotel Occupancy Tax (HOT) tax. Interim Assistant City Manager/Director of Economic Development and Communications Mark Wood replied the HOT has only been collected for a couple of months, and a strategy of what the HOT will be used on will be developed. Councilmember Taylor asked staff if Council will see the HOT on the monthly revenue report. Manager Lothery replied the State Comptroller’s office reports the HOT in a different fund, but staff can provide an update with the items of interest. Councilmember-elect Dodson stated he would like to see the final and amended comprehensive plan. Councilmember Taylor asked staff if the straight zoning standards will be reviewed during the land Development Code update. Interim Assistant City Manager/Director of Economic Development and Communications Mark Wood replied yes, staff can roll that into the review. Councilmember Taylor stated staff may need to consider looking at the current legislation about the annexation of ETJ areas. Councilmember Taylor asked staff if agenda packets prior to 2000 will be uploaded as a part of the digitizing of documents. City Secretary Amy Shelley replied agenda packets, prior to 2000, were destroyed and are not available as the City City Council Minutes May 16, 2017 City of Colleyville Page 6 did not deem the packets were permanent documents at that time. The minutes of the meetings are kept as the permanent record. Councilmember Taylor asked staff if the pavement assessment is being completed in house. Assistant City Manager/Director of Public Safety Mike Holder replied a third party contractor is completing the assessment. WS-3 Duck Crossing Signs on Riverwalk Drive Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Newton asked staff how much the signs cost. Director Hutt replied $1,600 each, and there would be some ancillary costs, but those could be completed in house. Mayor Pro Tem Putnam was present for the remainder of the worksession items. Mayor Newton stated he realizes there is a concern but not sure what can be done about it. Councilmember Lindamood stated the biggest problem is with speeding and the visibility of the signs. Councilmember Nakamura agreed, the signs are hard to see and the flashing signs could help. Councilmember Short suggested taking a comprehensive look at the entire City, and not just in this one area. Councilmember-elect Wheat suggested moving the existing signs to a more visible location. She agreed they are not noticeable. Mayor Newton suggested those that are concerned about the ducks could donate to a fund to buy the signs. Mayor Pro Tem Putnam agreed. Councilmember Taylor suggested painting the duck crossings on the street with reflective paint, because the residents in the area by the signs might complain about the lights. Councilmember Nakamura liked this idea. Mayor Newton asked staff if there are standards for painting on the roadway. Director Hutt replied yes, there are standards for painting on the roadway, and that option is doable. Mayor Newton asked staff about the cost for painting. Director Hutt replied this option has not been priced, and it would most likely be hired out to a contractor. Mayor Newton stated if anything is to be done, it will cost money. Mayor Newton asked the Council if voluntary funding is an option. Councilmember Lindamood agreed. Councilmember-elect Wheat stated lots of people are vocal City Council Minutes May 16, 2017 City of Colleyville Page 7 about the ducks. Councilmember-elect Dodson agreed, there are a number of people who talk about the ducks. Councilmember-elect Dodson asked staff if the problem exists only for these two ponds, what about the ponds at Colleyville Center. Councilmember Lindamood replied he knows about this issue in this particular area. Councilmember Nakamura asked staff if the painting could be done in-house. Director Hutt replied some may be done in-house, but there is a contract for major roadways. Councilmember Nakamura suggested doing this in-house. Councilmember Lindamood stated he will see if he can get some private funding for this. Mayor Newton agreed. Councilmember Lindamood asked staff to provide estimates for the painting and the LED lighting. Director Hutt stated staff will provide the estimates. Councilmember Taylor stated markings on the road, even with signage, would be beneficial. WS-4 Cherry Lane fencing and related Land Development Code policy direction Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Pro Tem Putnam asked staff if the builder was made aware of this during the building permit process. Director Bryner replied yes, they were aware of the need for a fencing permit, but for whatever reason, the builder constructed the fence without a permit. Councilmember Nakamura asked staff if there is an option is to lower the fence. Director Bryner replied yes, there are options to lower to 30 inches, or move the fence. Mayor Pro Tem Putnam stated it seems a little out of character for this builder/developer to do this, and asked if there is a question of did he deliberately violate the ordinance, or whether Council should look at a policy change? Mayor Newton stated this has been delayed to allow Council time to look at this. One option was to rezone to R30, but Mayor Newton would not support that. He stated it is a tough situation, but he could not come to any other solution. Councilmember Taylor asked City Attorney Whitt Wyatt as to how the City Council can override a determination by the Zoning Board of Adjustment (ZBA). City Attorney Whitt Wyatt asked City Council if a determination is pending from ZBA. Councilmembers replied no, this has been denied by ZBA. Attorney Wyatt replied City Council Minutes May 16, 2017 City of Colleyville Page 8 there are no procedural standards before the City Council, we can discuss legal aspects in light of the ZBA ruling, but there is no standing to take action. Mayor Pro Tem Putnam stated the question to consider is whether anyone is willing to make a policy change. Councilmember Taylor stated the builder is in violation of a ZBA ruling. Mayor Newton stated the Land Development Code could be amended or the builder could be held to enforcement. Councilmember Lindamood stated the City said no before the fence should have been built, but the builder did it anyway. Mayor Pro Tem Putnam stated the question is whether or not this is to be permitted for R30. Mayor Newton replied no. Director Bryner stated an SUP process could be put in place for items such as these. Councilmember Taylor disagreed, the builder knew the rules. Councilmember Lindamood asked staff about the distance from the fence and the gate. Director Bryner replied he believes it may be 35 feet to the edge of the pavement, and the 35 foot setback is from the property line. Mayor Newton suggested staff should continue with enforcement of the issue. WS-5 Discussion of the May 16, 2017, City Council regular agenda items Mayor Newton asked the City Council if they are good with him providing a name to discuss for the election of a Mayor Pro Tem, and then everyone can vote. Councilmembers agreed. Mayor Newton adjourned the worksession at 6:27 p.m. Mayor Newton called the Executive Session to order at 6:27 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Councilmember elect Kathy Wheat. Absent: Councilmember Nancy Coplen City Council Minutes May 16, 2017 City of Colleyville Page 9 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with 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 enforcement of Planned Unit Development Ordinance O-13-1867 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 – Personnel – Deliberate the appointment, employment, evaluations, and the duties of the city manager 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, Section 551.074 Personnel, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:23 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:34 p.m. INVOCATION: Dave Jung, Crown of Life 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-17-4128 Mayor Newton read Resolution R-17-4128 in its entirety. The City Council expressed their appreciation to City Manager Jennifer Fadden for her commitment and service to the City of Colleyville over the past eight years. Mayor Newton opened the public hearing at 7:48 p.m. City Council Minutes May 16, 2017 City of Colleyville Page 10 There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:48 p.m. Mayor Pro Tem Putnam made a motion to approve Resolution R-17-4128. Councilmember Short seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, and Mike Taylor Absent: 1 – Councilmember Nancy Coplen 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-17-4128-1 Mayor Newton read Resolution R-17-4128-1 in its entirety. Mayor Newton opened the public hearing at 7:51 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:51 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4128-1. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, and Mike Taylor Absent: 1 – Councilmember Nancy Coplen 3. OATH OF OFFICE Kathy Wheat, Place 3 George Dodson, Place 4 City Secretary Amy Shelley administered the Oath of Office to Councilmembers Kathy Wheat, Place 3 and George Dodson, Place 4. Mayor Newton recessed the City Council meeting at 7:56 p.m. for a reception for incoming Councilmembers. City Council Minutes May 16, 2017 City of Colleyville Page 11 4. RECEPTION FOR INCOMING CITY COUNCIL MEMBERS Mayor Newton reconvened the meeting at 8:22 p.m. and called the roll. ROLL CALL: Mayor Richard Newton and Councilmembers Tammy Nakamura, Bobby Lindamood, Kathy Wheat, George Dodson, and Mike Taylor Absent: Councilmember Nancy Coplen 5. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Nakamura wished her husband Yuki a happy 30th wedding anniversary. In recognition of the Featured Business of the Month - Vitality Bowls, 5615 Colleyville Boulevard, Suite 420, Anita Etta, owner - Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood recognized Vitality Bowls, and owner Anita Etta as the featured business of the month. 6. ELECTION OF A MAYOR PRO TEM Mayor Newton stated in accordance with the City Charter, a Mayor Pro Tem is elected annually to serve for one year. Mayor Newton opened the public hearing at 8:27 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:28 p.m. Mayor Newton made a motion to elect Councilmember Bobby Lindamood as Mayor Pro Tem. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Kathy Wheat, and George Dodson Nay: 1 – Councilmember Mike Taylor Absent: 1 – Councilmember Nancy Coplen City Council Minutes May 16, 2017 City of Colleyville Page 12 7. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4129 7a Approval of the minutes of the regular City Council meeting of May 2, 2017 7b Approval of an Interlocal Agreement for Mutual Access to cloudLibrary Digital Resources, designation of the Library and Recreation Director as the designated liaison for the City of Colleyville; and authorize the city manager to execute the Agreement 7c Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of John McCain Road from Westcoat Drive to Pleasant Run Road, and authorize the city manager to execute the Agreement Mayor Newton read Resolution R-17-4129 in its entirety. Mayor Newton opened the public hearing at 8:30 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:30 p.m. Library and Recreation Director Mary Rodne briefed the City Council regarding item 7b. Councilmember Taylor asked staff if the items are digital or actual books that may be picked up. Director Rodne replied the digital items would be available. The patrons could do this all from home. Public Works Director Jeremy Hutt briefed the City Council regarding item 7c. Councilmember Dodson asked staff about the inches of roadway removed. Director Hutt replied a total of eight inches of asphalt will be removed. Councilmember Dodson asked staff about application. Director Hutt replied the application is more of a slurry application than powder. Councilmember Dodson asked staff if the slurry stabilizes the foundation. Director Hutt replied correct. Councilmember Dodson asked staff about the total number of grade. Director Hutt replied a total number of 16 inches. Mayor Newton asked staff about the expected completion date for the water line being upgraded on John McCain Road. Director Hutt replied he does not have the timeline, as this is a project in the section of John McCain Road and Pleasant Run Road east. City Council Minutes May 16, 2017 City of Colleyville Page 13 Councilmember Taylor made a motion to approve Resolution R-17-4129. Councilmember Dodson seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Mike Taylor Absent: 1 – Councilmember Nancy Coplen 8. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 8a Ordinance O-17-2011 Approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2017 Rate Review Mechanism Filing and adopting tariffs that reflect rate adjustments consistent with the negotiated settlement Mayor Newton read the caption of Ordinance O-17-2011. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Councilmember Dodson stated the Public Utility Commission (PUC) seems to be the most appropriate entity to deal with this kind of issue. He stated he would like to see the gas utility moved over to the PUC, and for the City Council to provide a resolution to ask the Senate and the House to move this utility. He stated it makes no sense to have this in the Rail Road Commission’s hands. Mayor Newton agreed Manager Lothery stated there was a sunset review process to possibly remove items from the Rail Road Commission, but it was not done at this time. Mayor Newton opened the public hearing at 8:43 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:43 p.m. This was a first reading, therefore City Council did not take any action. 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-17-4130 Consideration of a request for the abandonment of a utility easement for the property located at 409 Timberline Drive South, Lot 1R1, Block 3, of the Highland Acres Addition City Council Minutes May 16, 2017 City of Colleyville Page 14 Mayor Newton read Resolution R-17-4130 in its entirety. Public Works Director Jeremy Hutt presented this item and briefed the City Council. Councilmember Taylor asked staff about why this is necessary. Director Hutt replied there were some old lot lines and by the shifting of new lot lines, this is really just cleaning up the easements. Councilmember Taylor asked about the notes about clearing the lot. Director Hutt replied the applicant has indicated they want to put in a sports court. Councilmember Taylor asked if this is utility related and not for a new structure. Director Hutt replied yes. Mayor Newton opened the public hearing at 8:52 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request, with concerns of unnecessary changes for this lot. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:52 p.m. Mayor Newton made a motion to approve Resolution R-17-4130. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Mike Taylor Absent: 1 – Councilmember Nancy Coplen 9b Resolution R-17-4131 Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project Customer City meetings Mayor Newton read Resolution R-17-4131 in its entirety. City Manager Jennifer Fadden presented this item and briefed the City Council. She stated the first whereas statement should read, “Tarrant County Water Supply Project” not “Central Regional Wastewater System.” City Council Minutes May 16, 2017 City of Colleyville Page 15 Mayor Newton opened the public hearing at 8:52 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:52 p.m. Mayor Newton made a motion to approve Resolution R-17-4131 with the amendment to the “whereas” statement. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Mike Taylor Absent: 1 – Councilmember Nancy Coplen 9c Resolution R-17-4132 Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System Mayor Newton read Resolution R-17-4132 in its entirety. City Manager Jennifer Fadden presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:55 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:55 p.m. Councilmember Dodson asked Mayor Newton if the committee is a recommending body for the TRA, but noted the TRA is a separate organization, and the recommendations may not be accepted. Mayor Newton agreed, and stated this may be the only way we could have a say as a customer. Councilmember Dodson made a motion to approve Resolution R-17-4132. Councilmember Wheat seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Mike Taylor Absent: 1 – Councilmember Nancy Coplen City Council Minutes May 16, 2017 City of Colleyville Page 16 9d Resolution R-17-4133 A resolution establishing a Colleyville Sidewalks Ad Hoc Committee Mayor Newton read Resolution R-17-4133 in its entirety. Mayor Newton presented this item and briefed the City Council. Councilmember Dodson suggested having only 11 members versus 12. Mayor Newton agreed. Mayor Newton opened the public hearing at 9:00 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:01 p.m. Councilmember Lindamood made a motion to approve Resolution R-17- 4133 with the amendment of 11 members. Councilmember Dodson seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Mike Taylor Absent: 1 – Councilmember Nancy Coplen 10. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 10a Monthly Financial Report - April 2017 Interim Chief Financial Officer Winston Duke presented this report. Mayor Newton asked staff if this is the seventh month of the budget, and 57 percent would be the percentage of expenditures. Interim Chief Financial Officer Winston Duke replied yes. Mayor Newton asked staff if we are currently under expending. Interim Chief Financial Officer Winston Duke replied yes, you are where you want to be at this point. Mayor Newton asked staff if there is less rainfall this year compared to last year. Interim Chief Financial Officer Winston Duke replied yes. Mayor Newton asked staff if sales taxes are up six percent compared to last year. Interim Chief Financial Officer Winston Duke replied yes. City Council Minutes May 16, 2017 City of Colleyville Page 17 Mayor Newton asked staff if the budget assumed one percent or flat relative to sales tax. City Manager Jennifer Fadden replied yes, the 2017 budget included a revenue projection flat from the 2016 year end projection. Mayor Newton asked staff if the City is doing well relative to the budget. City Manager Jennifer Fadden replied yes. Councilmember Lindamood expressed his appreciation to Interim Chief Financial Officer Winston Duke for his hard work during this interim time. 10b Quarterly Performance Management Report Strategic Services Manager Adrienne Lothery presented this report. Mayor Newton asked staff about the green line on the youth sports participants chart. City Manager Jennifer Fadden replied that is the percentage of residents. Councilmember Lindamood asked staff if there is an anticipation of an increase in the Library patron visits. Manager Lothery replied yes, especially during the summer months with the summer reading program. 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Steve MacLaren, 2217 Collins Path, spoke about the noise from the rail and SH26 now that trees have been removed. Kathleen Hennessey, 5013 Stonebridge Drive, spoke about the property tax rates and the Chief Appraiser and collector. She stated the City Council needs to find a way to have representation on the appraisal board. Kathy Hadley, 204 Timberline Drive North, spoke about the need to protect the wild life in Colleyville, such as crossings, raised fences, or curbs with ramps. She stated having a concern about the 18 wheelers on Bransford Road, and about a tree removed in Colleyville, asking if there are actions the Colleyville Tree Board can take. She stated all residents, Council, and leadership should have respect for each other. 12. REPORTS Planning and Zoning Commission Minutes - April 10, 2017 Zoning Board of Adjustment Minutes - April 11, 2017 There was no discussion of this item. City Council Minutes May 16, 2017 City of Colleyville Page 18 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR May 16, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4134 This resolution was not needed. 14. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:26 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 6TH DAY OF JUNE 2017. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary