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HomeMy WebLinkAboutCity Council-Minutes-7/11/2017 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, July 11, 2017 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Final report of the Classification and Compensation Study WS-2 Presentation and discussion of Citywide fees and charges as outlined in the Colleyville Code of Ordinances WS-3 Discussion of the proposed sidewalks included in the Pleasant Run Road reconstruction project WS-4 Discussion of the July 11, 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 attorney regarding pending AG Opinion Request KP-0164 (municipal tree preservation) Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Lincoln et al v. City of Colleyville and Notice of Claim from Estate of Brandon Heep Section 551.072 – Real Estate – Deliberate the purchase, exchange, lease, or value of real property for City facilities a. Glade Road Phase 1B and 2A Property Acquisition Update 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 July 11, 2017 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Paul Vigilletti, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: Assistant City Attorney Alexis Allen 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4148 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Keep Texas Beautiful Government Environmental Award to the City of Colleyville - Mayor Pro Tem Bobby Lindamood and Parks Manager Heather Dowell Special recognition provided by Ava Fryer to Sergeant Kevin Walling Recognition of employees' years of service Recognition of employee achievements 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17- 4149 4a Approval of the minutes of the June 13, 2017 City Council Worksession 4b Approval of the minutes of the regular City Council meeting of June 20, 2017 4c Approval of the minutes of the June 27, 2017 City Council Worksession 4d Approval of the purchase of 1,008 Neptune water meters, ranging in size from ¾” to 2”, from HD Supply Waterworks, through an Interlocal Agreement with the City of Grapevine, in an amount not to exceed $87,000 and authorize the city manager to execute the purchase agreement City Council Agenda July 11, 2017 City of Colleyville Page 3 4e Authorizing creation of an employee benefits trust, authorizing the trust agreement, appointing trustees, and authorizing the trust to purchase various forms of insurance for the benefit of City officers, employees, qualified retirees, and their dependents 4f Approval of bid awards for medical insurance to Blue Cross Blue Shield of Texas and dental insurance to CIGNA Dental; and renewal of a contract for the employee assistance program with Alliance Work Partners, and authorize the city manager to execute the agreements 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-17-2014 Consideration of a zoning change from the AG-Agricultural zoning district to the R40-Single Family Residential zoning district on Tract 5A01, Abstract 294, in the Robert Chowning Survey, located at 6260 Pool Road, Case ZC17-007 5b Ordinance O-17-2015 Consideration for approval of amendments to the Land Development Code regarding a proposed requirement that newly installed utilities be underground; specifically Chapter 9 – Subdivision Design & Public Facilities, Section 9.17 Street Design Criteria, proposed Section 9.18 Easements, proposed Section 9.19 Private Utilities, and Chapter 14 – Engineering Design Standards, Section 14-175 Miscellaneous, Case GC17-015 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4150 Consideration of a replat, being Lots 2R1, 2R2, and 2R3, Block 1, of the Morris Addition, a replat of Lot 2, Block 1, of the Morris Addition, located at 7201 Pleasant Run Road, Case PC17-006 6b Resolution R-17-4151 Consideration of a resolution to deny Oncor Electric Delivery Company LLC's application to change rates charged to customers located within the City of Colleyville 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Agenda July 11, 2017 City of Colleyville Page 4 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JULY 11, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4152 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin board Friday, July 7, 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, July 11, 2017 City Council Chambers Mayor Pro Tem Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, July 11, 2017, at 5:01 p.m. ROLL CALL: Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Absent: Mayor Richard Newton City Manager Jerry Ducay, 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, Chief Financial Officer Shereen Gendy, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Recreation and Library Director Mary Rodne, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Alexis Allen, and City Secretary Amy Shelley WS-1 Final report of the Classification and Compensation Study Human Resources Director Rachel Huitt presented the study and briefed the City Council. Carolyn Long, Management Advisory Group, was available to answer any questions of the City Council. Councilmember Taylor asked staff if the same data (position information) was received from all of the market comparison cities. Director Huitt replied we received sworn and non-sworn position information; however, there were not matches available for every position, such as GIS Technician. Councilmember Taylor asked staff about vesting, if it is the greater of 20 years or of age 60. Director Huitt replied yes. Councilmember Taylor asked staff if the consultant looked at the Cost of Living Adjustment (COLA) issue relative to retirees. Director Huitt replied TMRS ran actuarial numbers, as it will increase the current contribution, and they stated there are options to phase in certain percentages. Councilmember Taylor stated there was a concern about having to meet our past obligation moving forward. Director Huitt agreed, and stated there are two components to the actuarial, the City Council Minutes July 11, 2017 City of Colleyville Page 2 catch up provision and the future retiree projections, with the bigger cost based on the future retirees. Councilmember Taylor asked staff if the trend is to be at 100 percent or less on the COLA (restoration or catch up). Director Huitt replied not being sure if the comparable cities were trying to get to 100 percent, or if that is even an option. She stated some cities have had COLA turned off, and some will not turn it back on because it is not financially feasible. City Manager Jerry Ducay suggested looking at the actual values versus circumstantial numbers, since it may not actually be feasible to consider given the actual cost. Director Huitt stated she can provide the actual numbers to the City Council. Councilmember Nakamura asked staff if there is a way to provide the City Council with an example of what this looks like. Director Huitt replied currently it is funded at 7.9 percent by the employer and 7 percent by the employee, because we are at the fully funded level and there is no need to overfund. Mayor Pro Tem Lindamood asked staff if Bedford and Flower Mound are offering the same contributions as Colleyville. Director Huitt replied yes. Councilmember Taylor asked staff if they could provide information about the other cities and where they were in the past, what has been and what is the trend, are they dropping their percentages. Director Huitt replied she will provide the information. Mayor Pro Tem Lindamood suggested three years’ worth of information. Councilmember Taylor suggested decades. Councilmember Nakamura asked staff if they hear from interviewees who understand this. Director Huitt replied yes, mostly from retirees from other cities; but, we have not had anybody say they were not going to work here because we do not have the COLA for retirees. Councilmember Nakamura asked staff what the response is when asked. Director Huitt replied staff explains it is not something we have at this point and time. Councilmember Taylor stated he would like to see Hurst, specifically, since they do ad hoc. Councilmember Taylor asked staff about the shared services Colleyville used to have with Southlake for GIS services. Public Works Director Jeremy Hutt replied we originally shared those services with Southlake; however, we now have a GIS administrator, the position noted here as the technician, has been reallocated as a different position. Councilmember Dodson asked staff if there are charts which reflect the positions at entry level versus just to midpoint. Director Huitt replied only to midpoint because that is considered to be the market. City Council Minutes July 11, 2017 City of Colleyville Page 3 Councilmember Nakamura asked staff if the court administrator position includes the compensation she receives from Keller. Director Huitt replied yes. Councilmember Taylor asked staff if credentials and education are what is being heavily weighed, more so than years of experience. Director Huitt replied years of experience, knowledge, and education were all considered. Councilmember Taylor asked staff if the code enforcement position is similar to the Fire Marshal. Fire Marshal Rob McKeown replied the code enforcement officer enforces the City’s ordinances; whereas, the fire marshal enforces the fire code only. Councilmember Taylor asked staff if the problem is seen when a position, that has been occupied for a long period of time, becomes vacant. Director Huitt replied yes. The hiring managers will let HR know when there are issues with getting those positions filled. Councilmember Taylor asked staff if the data matches with certain positions, such as code enforcement, and not necessarily with those positions who are doing dual duty. Director Huitt replied yes, and has had the consultant double check the data to be sure the comparator positions were truly matches. Councilmember Wheat asked staff about the number of public safety employees effected by being out of the range. Director Huitt replied roughly 80, certified fire and sworn police. City Manager Jerry Ducay asked staff for clarification if the $153,148 includes bringing them to the minimum range, regardless. Director Huitt replied yes. Councilmember Taylor stated everyone would be brought to a positive number versus being in the negative. Director Huitt agreed. Councilmember Wheat asked staff how the plan is implemented. Director Huitt replied the plan would typically be implemented as a whole. Mayor Pro Tem Lindamood asked staff how long the positions have been out of ranges. Councilmember Taylor answered this is a constant issue, every time we go out for a study. Councilmember Wheat asked staff why the fire department was not included in the market study in 2013. Director Huitt replied the decision was made, at that time, because the fire department was doing some reorganization. Councilmember Wheat asked staff why go to steps versus ranges, is it more competitive. Director Huitt replied steps seem to be what other cities have; however, Colleyville has not had steps for several years. City Manager Jerry Ducay added the steps are relative to longevity, and a way to acknowledge and value longevity. City Council Minutes July 11, 2017 City of Colleyville Page 4 Councilmember Taylor asked staff if the “add move in range” are to make decompression adjustments. Director Huitt replied yes. Councilmember Wheat asked staff how employees get paid higher, if it is by good reviews. Director Huitt replied yes, based on their performance evaluations. Councilmember Wheat asked staff if a COLA is done every year. Director Huitt replied no, just a merit is provided based on the performance review. Councilmember Wheat asked staff if the cost to add steps is current with future years as well. Director Huitt replied the costs we are looking at are only for one year effective October 1. City Manager Jerry Ducay replied it would be a rolled up number incurred every year. Councilmember Taylor suggested looking at the ordinance to determine if the fund balance can be spent on long term assets. Councilmember Wheat asked staff about what other cities do every year to explore options implementing the plan over a minimum number of years. Ms. Long replied yes, and most will keep the market point and maximum intact, and they just drop the minimum. Councilmember Taylor stated that way was done in the last study, with the plan to do no more than 10 percent a year, after the first adjustment. Councilmember Wheat asked staff if new hires are hired in at the minimum. Director Huitt replied yes. A CFA audience member asked the City Council when police and fire would get their pay increases. Councilmember Taylor replied October 1. Classification and Compensation Committee member Scott Redfearn stated it is a question of priorities, relative to spending, and where the employees fit into that plan. Councilmember Dodson expressed his appreciation to Committee member Redfearn and stated we do need to balance everything across the board, some things may need to be cut. Mayor Pro Tem Lindamood thanked the Committee members for their hard work. WS-2 Presentation and discussion of Citywide fees and charges as outlined in the Colleyville Code of Ordinances Strategic Services Manager Adrienne Lothery presented the item and briefed the City Council. Councilmember Nakamura asked staff if there is a consistent pattern of who is causing the issue. Colleyville Center Manager Leslie Hill replied the weekend City Council Minutes July 11, 2017 City of Colleyville Page 5 events are causing the most issue with renters not wanting to leave at their scheduled time. Mark Johnson, Colleyville Center Advisory Committee Chair, stated the Committee voted unanimously for the updated charges. Mayor Pro Tem Lindamood asked staff if most variances and appeals are requested by citizens or builders/developers. Community Development Director Ben Bryner replied typically by the citizen for variances to the Zoning Board of Adjustments, but with Sign Board of Appeals, those requests come from commercial businesses. Mayor Pro Tem Lindamood suggested having two separate fees, one for citizens and one for commercial. City Manager Jerry Ducay said it may be easier to allow staff to reduce the fee, if necessary. Councilmember Wheat asked staff if the zoning fees are in line with the market around us. Director Bryner replied yes, Colleyville is fairly low on a lot of our fees. Councilmember Taylor asked staff what determines a citizen or a builder. Director Bryner replied a lot of it will depend on the timing of the request, whether the house is already constructed, or if the house is being constructed at the time of the request. Councilmember Dodson asked staff if the workload is the same for a small or large request. Director Bryner replied yes, and a single fee would be helpful. Mayor Pro Tem Lindamood added with the right to negotiate for a citizen. Councilmember Taylor stated the sidewalk waiver is a prime example of when a builder asks the homeowner to ask the City Council for the waiver or for the refund. Councilmember Coplen stated whatever is decided, she wants to keep it clean and simple, without staff making decision about cost. Manager Lothery added staff can streamline the cost. Councilmember Dodson stated being comfortable with keeping the recommended rates. Mayor Pro Tem Lindamood concurred. Zoning Board of Adjustment member Wayne Maynard stated as a resident and board member, at what point or price level do you keep them from coming to the City, or risk them doing it on their own. Councilmember Nakamura asked staff about the average amount of time to review a plat, and if each one is different. Director Bryner replied the review is the same, but with larger projects, there are more details to review. Councilmember Wheat asked staff about making the per lot fee higher. Director Bryner replied we could, but he felt increasing the overall fee was easier. City Council Minutes July 11, 2017 City of Colleyville Page 6 Mayor Pro Tem Lindamood stated he hates to see an increase in the water heater replacement fee, especially when a citizen may want to replace one on their own. Councilmember Taylor asked staff if there is an inspection fee on top of the permit fee for a water heater. Director Bryner replied no. Councilmember Taylor stated he does not believe these fees are out-of-line from the surrounding cities. Councilmember Nakamura stated she does not like raising the fees just to be in- line with the cities around us. She said we are already paying the salary of the inspector. Manager Lothery stated staff can adjust the amount, if necessary at the time of ordinance consideration. Councilmember Taylor stated he agrees with the cost increase, especially since the codes change periodically and it could be an issue if something is not inspected. Mayor Pro Tem Lindamood stated his taxes pay for the salary of the inspector. Councilmember Nakamura stated we need to spend less. Councilmember Taylor asked staff why not use 10,000 gallons versus 9,000 gallons for the winter average gallons for new customers. Manager Lothery replied it can be used if that is what City Council wants to use. Councilmember Taylor asked staff why not use a percentage of water base rate delivery. Councilmember Dodson replied irrigation does not flow through the sewer in the winter months because of non-use. City Manager Jerry Ducay added it is unreasonable to assess the rate during the summer month’s usage. Councilmember Wheat asked staff if the recommended gallons is based on new connects. Manager Lothery replied yes. WS-3 Discussion of the proposed sidewalks included in the Pleasant Run Road reconstruction project Public Works Director Jeremy Hutt presented this item and briefed the City Council. Councilmember Coplen asked staff if the sidewalk continues from LD Lockett to Shelton Road. Director Hutt replied no, and currently there are no plans to continue the sidewalk. Councilmember Coplen asked staff what the plan is for sidewalks. Director Hutt replied the plan is to have a sidewalk on every section of street. Councilmember Wheat asked staff why the sidewalk was added to the project. Director Hutt replied the sidewalk was added as an amenity later to the project because of the cost to construct the sidewalk during the road construction project, rather than adding it later. City Council Minutes July 11, 2017 City of Colleyville Page 7 Councilmember Wheat asked staff if the sidewalk is removed from the project, could crosswalks be added in necessary areas. Director Hutt replied there may be some opportunities to add crosswalks, especially with the park in the area. Councilmembers Nakamura and Taylor agreed with crosswalks, if the sidewalk is removed. Mayor Pro Tem Lindamood suggested putting the savings, from the sidewalks for this project, back into the CIP for sidewalks/trails. Councilmember Dodson asked staff how long is this proposed sidewalk. Director Hutt replied about ¾ mile. Mayor Pro Tem Lindamood asked the City Council for direction for staff. Councilmember Taylor stated being in favor of leaving the sidewalk in the project plan. Councilmember Nakamura asked Councilmember Taylor why he is in favor of leaving the sidewalk in the plan. Councilmember Taylor stated future generations are going to want the sidewalk because amenities such as these are pedestrian friendly, and drainage issues can be addressed with this construction. Councilmember Wheat asked staff why the proposed sidewalk is not included on the other end. Director Hutt replied it was a last minute discussion as an addition from LD Lockett to John McCain. Mayor Pro Tem Lindamood agree with the citizens, and if they do not want it over their expensive driveways, then he does not want it either. Councilmember Taylor asked staff about the project deadline. Director Hutt replied the project is moving forward, no costs have been incurred by the contractor, and there is time to make a decision. City Engineer Cheryl Taylor stated the sidewalks are going to be completed with each phase; therefore an answer needs to be given within the next 30 days. The contractor will be on hold until the decision is made. Councilmember Wheat stated the sidewalk would make more sense if the sidewalk was a true connection. Mayor Pro Tem Lindamood stated the Sidewalk Committee may provide further direction once they meet. Councilmember Nakamura asked staff how wide is the sidewalk. Director Hutt replied five feet. City Council Minutes July 11, 2017 City of Colleyville Page 8 WS-4 Discussion of the July 11, 2017, City Council regular agenda items Councilmember Coplen asked staff why the reestablishment of the Water and Wastewater Committee item was removed from the draft agenda. City Manager Jerry Ducay replied the item was moved to next week’s agenda to allow for the Mayor’s participation, since he is on vacation this week. Councilmember Coplen added quite a few items were pulled. City Manager Jerry Ducay agreed, and stated it is because the Mayor requested for those items to wait until he was here for those discussions. Mayor Pro Tem Lindamood adjourned the worksession at 7:10 p.m. Mayor Pro Tem Lindamood called the Executive Session to order at 7:11 p.m. and called the roll. 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 attorney regarding pending AG Opinion Request KP-0164 (municipal tree preservation) Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Lincoln et al v. City of Colleyville and Notice of Claim from Estate of Brandon Heep Section 551.072 – Real Estate – Deliberate the purchase, exchange, lease, or value of real property for City facilities a. Glade Road Phase 1B and 2A Property Acquisition Update 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 Pro Tem Lindamood 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. Executive Session was adjourned at 7:30 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Lindamood at 7:39 p.m. City Council Minutes July 11, 2017 City of Colleyville Page 9 INVOCATION: Paul Vigilletti, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: Assistant City Attorney Alexis Allen ROLL CALL: Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Absent: Mayor Richard Newton City Manager Jerry Ducay, 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, Chief Financial Officer Shereen Gendy, 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, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Alexis Allen, and City Secretary Amy Shelley 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4148 Mayor Pro Tem Lindamood read Resolution R-17-4148 in its entirety. Mayor Pro Tem Lindamood opened the public hearing at 7:43 p.m. There was no one present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 7:43 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4148. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Absent: 1 - Mayor Richard Newton 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates City Council Minutes July 11, 2017 City of Colleyville Page 10 Announcements of awards and recognition Mayor Pro Tem Lindamood provided an update about road construction in Colleyville. Presentation of the Keep Texas Beautiful Government Environmental Award to the City of Colleyville - Mayor Pro Tem Bobby Lindamood and Parks Manager Heather Dowell Parks Manager Heather Dowell presented Mayor Pro Tem Lindamood with the Keep Texas Beautiful Government Environmental Award for which Colleyville was recognized for outstanding contributions to the Texas environment, made by a government organization. Special recognition provided by Ava Fryer to Sergeant Kevin Walling Colleyville citizen Mrs. Ava Fryer recognized Sergeant Kevin Walling for his assistance to her during a recent roof fire at her home caused by a lighting strike. Recognition of employees' years of service Community Development Director Ben Bryner recognized Araceli Botello, Planning Technician for one year of service; Chief Financial Officer Shereen Gendy recognized Lorena Manriquez, Administrative Court Clerk, for one year of service, City Manager Jerry Ducay recognized James Hubbard, Assistant to the City Manager/SH 26 Coordinator for five years of service, and Library and Recreation Director Mary Rodne recognized Jeanie Monahan, Clerk, for ten years of service. City Manager Jerry Ducay further recognized the employees years of who were not in attendance. Recognition of employee achievements City Manager Jerry Ducay recognized Strategic Services Manager Adrienne Lothery for her election to the Texas Coalition for Affordable Power (TCAP) Board of Directors. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17- 4149 4a Approval of the minutes of the June 13, 2017 City Council Worksession 4b Approval of the minutes of the regular City Council meeting of June 20, 2017 4c Approval of the minutes of the June 27, 2017 City Council Worksession City Council Minutes July 11, 2017 City of Colleyville Page 11 4d Approval of the purchase of 1,008 Neptune water meters, ranging in size from ¾” to 2”, from HD Supply Waterworks, through an Interlocal Agreement with the City of Grapevine, in an amount not to exceed $87,000 and authorize the city manager to execute the purchase agreement 4e Authorizing creation of an employee benefits trust, authorizing the trust agreement, appointing trustees, and authorizing the trust to purchase various forms of insurance for the benefit of City officers, employees, qualified retirees, and their dependents 4f Approval of bid awards for medical insurance to Blue Cross Blue Shield of Texas and dental insurance to CIGNA Dental; and renewal of a contract for the employee assistance program with Alliance Work Partners, and authorize the city manager to execute the agreements Mayor Pro Tem Lindamood read Resolution R-17-4149 in its entirety. Public Works Director Jeremy Hutt briefed the City Council regarding item 4d. Councilmember Taylor asked staff about the WiFi readable meters. Director Hutt replied the proposed meters are analog meters (manually read); however, they are upgradable if we want to use the automatic readers and update the technology. Councilmember Taylor asked staff about the differences between the WiFi and upgradable meters. Director Hutt replied the infrastructure, or back bone of the system to read the meters, is the most expensive, almost $5 million Citywide to replace all of the meters and upgrade the technology. Councilmember Taylor asked staff about the lifespan of the meters. Director Hutt replied 10 years. Manager Jerry Ducay added technology exists that can be incorporated without having to replace the entire system. Councilmember Taylor suggested looking at efficiencies in the long term. Human Resources Director Rachel Huitt briefed the City Council regarding item 4f. Councilmember Dodson asked staff about what is an HSA plan. Director Huitt replied it is a Health Savings Account. Mayor Pro Tem Lindamood opened the public hearing at 8:25 p.m. Kathy Hadley, 204 Timberline Drive North, spoke about changing out the water meters, stated when the electric meters were changed her bills increased. What is the guarantee that the rate she is getting now is what the new meter will show? She suggested waiting to do this project. City Manager Jerry Ducay explained City Council Minutes July 11, 2017 City of Colleyville Page 12 often times you may see an increase with new meters, but it is because the meters are reading more accurate. There were no others present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 8:28 p.m. Councilmember Dodson made a motion to approve Resolution R-17-4149. Councilmember Taylor seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Absent: 1 - Mayor Richard Newton 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-17-2014 Consideration of a zoning change from the AG-Agricultural zoning district to the R40-Single Family Residential zoning district on Tract 5A01, Abstract 294, in the Robert Chowning Survey, located at 6260 Pool Road, Case ZC17-007 Mayor Pro Tem Lindamood read the caption of Ordinance O-17-2014. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Pro Tem Lindamood opened the public hearing at 8:33 p.m. Chris Ortegel, 305 Sixpence, Euless, did not wish to speak, but did wish to register her support. There were no others present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 8:33 p.m. This was a first reading, therefore, City Council did not take any action. 5b Ordinance O-17-2015 Consideration for approval of amendments to the Land Development Code regarding a proposed requirement that newly installed utilities be underground; specifically Chapter 9 – Subdivision Design & Public Facilities, Section 9.17 Street Design Criteria, proposed Section 9.18 Easements, proposed Section 9.19 Private Utilities, and Chapter 14 – City Council Minutes July 11, 2017 City of Colleyville Page 13 Engineering Design Standards, Section 14-175 Miscellaneous, Case GC17-015 Mayor Pro Tem Lindamood read the caption of Ordinance O-17-2015. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Taylor asked staff about the process of shifting the power underground, is it with the certificate of occupancy (CO). Director Bryner replied there is an inspection required prior to the CO, which allows for the testing of the equipment. City Manager Jerry Ducay added this ordinance provision provides that a CO is not issued until the temporary electric poles are removed. Director Bryner agreed. Mayor Pro Tem Lindamood opened the public hearing at 8:44 p.m. There was no one present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 8:44 p.m. Councilmember Taylor asked staff about a way to force Oncor to go underground, regardless of this ordinance requirement. Director Bryner replied this requirement is driven by the development of the property or a new building, not driven by the utility. City Manager Jerry Ducay added often a franchise agreement will stipulate the use of existing utility lines/poles and/or new pole replacement - either because of end of life or for new lines - that would usurp our regulations. Our only allowance would be regulating individual user driven service, i.e. a new subdivision. It will be more difficult to regulate this ordinance if the utility is leading the charge. Councilmember Taylor stated terrestrial service along SH26 will be seen, but any new development will be underground. This was a first reading, therefore, City Council did not take any action. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4150 Consideration of a replat, being Lots 2R1, 2R2, and 2R3, Block 1, of the Morris Addition, a replat of Lot 2, Block 1, of the Morris Addition, located at 7201 Pleasant Run Road, Case PC17-006 Mayor Pro Tem Lindamood read Resolution R-17-4150 in its entirety. Community Development Director Ben Bryner presented this item and briefed the City Council. City Council Minutes July 11, 2017 City of Colleyville Page 14 City Manager Jerry Ducay asked staff if they discussed a cash contribution be considered for a future sidewalk/trail on the subject properties. Director Bryner replied he had not had those conversations. City Manager Jerry Ducay suggested looking at that. Director Bryner added the sidewalk/trail will be required at the time of construction of the homes. Mayor Pro Tem Lindamood opened the public hearing at 8:51 p.m. Osama Nashed, 5000 Thompson Terrace, representing the developer, presented this item and briefed the City Council. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this replat request. There were no others present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 8:53 p.m. Councilmember Coplen asked Mr. Nashed about the trail connection adjacent to the property, and if he would be amicable with doing the trail. Mr. Nashed replied he would speak to the property owner. Councilmember Taylor asked Mr. Nashed if he knew about the trail. Mr. Nashed replied no. Councilmember Wheat asked Mr. Nashed if the existing house will remain. Mr. Nashed replied yes. Councilmember Wheat asked Mr. Nashed if there are plans for the other lots. Mr. Nashed replied no, not yet. Councilmember Coplen asked staff about the existing home and if a trail will be required for that lot, especially since it is already constructed. City Manager Jerry Ducay replied it could be as part of the subdivision review for connection or it could be paid as part of a cash contribution. Councilmember Taylor agreed. Councilmember Taylor made a motion to approve Resolution R-17-4150. Councilmember Nakamura seconded the motion. City Manager Jerry Ducay suggested an amendment to the motion to include, “a sidewalk/trail shall extend across all property lines, including the lot with the existing home, or a cash contribution shall be paid into sidewalk escrow.” Councilmember Taylor accepted that language as an amendment to the motion. Councilmember Nakamura seconded. The motion to approve carried with the following vote: City Council Minutes July 11, 2017 City of Colleyville Page 15 Aye: 6 – Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Absent: 1 - Mayor Richard Newton Councilmember Nakamura expressed her appreciation to the property owner for not wanting to put more than three lots in the subdivision. 6b Resolution R-17-4151 Consideration of a resolution to deny Oncor Electric Delivery Company LLC's application to change rates charged to customers located within the City of Colleyville Mayor Pro Tem Lindamood read Resolution R-17-4151 in its entirety. Councilmember Nakamura asked staff what is the process if Oncor receives a bunch of resolutions from other cities. Manager Lothery replied Oncor may appeal the denial to the Public Utility Commission (PUC), and the PUC will settle out altogether through all of the utility customers. Councilmember Taylor asked staff what happens if we do not agree with the PUC decision. Manager Lothery replied we would be beholden to the PUC’s decision. Councilmember Taylor asked staff if this is a resolution to state our denial to the rate increase. Manager Lothery replied yes. Councilmember Nakamura asked staff if there is a certain amount of cities required to deny the rate increase before the denial is considered. Manager Lothery replied there is not. Councilmember Coplen asked staff if this affects customers who do not use Oncor as their service provider. Manager Lothery replied a large portion is served by Oncor whereas a small portion is covered by Tri County Electric. Oncor owns the electric lines and transmits the power, the retail electric providers are simply the billing company. Councilmember Taylor stated he does not want the citizens to think a resolution will be passed each time there is an increase, or that the PUC will stand by the denial. All cities in Texas should be doing the same thing. Manager Lothery agreed. Councilmember Taylor stated the gas provider needs to be regulated by the PUC as well. Manager Lothery agreed. Councilmember Nakamura stated an 11.8 percent increase is not agreeable at all. Manager Lothery agreed, a typical residential customer will see an increase by $6.68. City Council Minutes July 11, 2017 City of Colleyville Page 16 Councilmember Wheat asked staff if this affects the Tri County customers. Manager Lothery replied no, only the citizens served by Oncor. Councilmember Taylor asked staff if Tri County requested an increase. Manager Lothery replied staff has not been contacted by Tri County for an increase. Councilmember Taylor asked staff if this increase is based on infrastructure, population growth, or for profit margins. Manager Lothery replied she does not want to speculate as to how Oncor would respond, but the consultant’s analysis states there is much more profit than what is warranted. Mayor Pro Tem Lindamood opened the public hearing at 9:07 p.m. There was no one present wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 9:07 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4151. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Absent: 1 - Mayor Richard Newton 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, congratulated the Parks Department for the Keep Texas Beautiful Government Environmental Award; stated being concerned about the spraying of mosquitos because of what it does to other animals/insects and that an outside company should be used to test for West Nile Virus. Tom Aikens, 4500 Dartmoor Lane, spoke about road construction and stated the City Council and staff have done an amazing job keeping the citizens and businesses informed. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JULY 11, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4152 This resolution was not needed. City Council Minutes July 11, 2017 City of Colleyville Page 17 9. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:16 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 18TH DAY OF JULY 2017. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary