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HomeMy WebLinkAboutCity Council-Minutes-09/19/2017 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, September 19, 2017 CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, September 19, 2017, at 5:32 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Nancy Coplen and Mike Taylor were present. Councilmembers Kathy Wheat and Tammy Nakamura, arrived at 5:35 p.m. and 5:38 p.m. respectively. ABSENT: Councilmember George Dodson 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 Chief Brian Riley, 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, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and Assistant City Secretary Christine Loven. WS-1 All funds distribution report and discussion Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton commended Chief Financial Officer Shereen Gendy and all staff members for their work on this report. Mayor Newton stated the report was a very good document and stated he appreciates it is very clear where our money is and he looks forward to the additional report enhancements. Mayor Newton noted the 2018 budget reflects the $13.9 million which was in the Utility Fund has been split between the Utility Fund and Capital Projects Fund. He further noted we will be maintaining a 100 day reserve for the Utility Fund, which was computed using the total City Utility Fund expenses. If this was computed on the actual operational cost of operating the utilities, the cash set aside would be a reserve of over 450 days. Therefore we are maintaining an ultra-conservative cash reserve in the Utility Fund. City Council Minutes September 19, 2017 City of Colleyville Page 2 City Manager Jerry Ducay said the report will be placed on the City’s website and noted the five year plan may be adjusted to provide for implementation of funding years six to eight, and further adjust the reserves. Mayor Newton noted the CDRS are liquid investments of our cash in the hope of drawing some interest on available cash. Manager Ducay responded interest rates are low and asked CFO Gendy what the overnight LOGIC rate is currently. CFO Gendy responded it is currently 1.09 percent. Councilmember Coplen asked where and how the Hotel Occupancy Tax (HOT) will be invested. Manager Ducay replied he and CFO Gendy have been discussing this and over the next several months they will be looking at moving it out of a cash fund into an interest bearing fund. Mayor Pro Tem Lindamood asked if the plan will be to use HOT for promotions of the Farmer’s Market and festivals. Mayor Newton stated it can be used for such and they will continue to look at it. Councilmember Taylor suggested because of Legislative risk, the HOT should be the first pool used for promotions, then the CEDC. WS-2 Discussion and update on the condition of the City Street Infrastructure, including the 2017 Pavement Condition Assessment Public Works Director Jeremy Hutt presented this item and briefed the City Council. Councilmember Taylor asked staff what the maximum mill depth is before hitting rebar. Director Hutt replied concrete cannot be milled, however, asphalt can be wedge milled two to four inches. Mayor Pro Tem Lindamood commented contractors need to raise the manholes before milling. Director Hutt replied it is more cost effective to bury manholes during milling and then go back and cut them out, but valves are never covered. Councilmember Wheat asked why this assessment is better than a visual assessment. Director Hutt replied there is much more data collected through the assessment which is compiled and analyzed as compared to being subjective in the eye of the visual assessor. Mayor Newton asked staff which technique (visual vs. data assessment) is more effective and how is the data being used to plan for construction/maintenance projects. Director Hutt noted the assessment is more quantitative and between the two assessments, the 2012-2014 and 2017, there were nine projects City Council Minutes September 19, 2017 City of Colleyville Page 3 established in 2012-2014 and there are 17 large scale projects being planned based on the 2017 assessment. There was general discussion on how to utilize the information in the assessment to create a process to determine and prioritize the streets that should be in the street maintenance/construction program. The City Council asked staff to bring a plan forward by mid-December. WS-3 Discussion of the September 19, 2017, City Council regular agenda items Mayor Newton noted there were three items on the agenda which would require a unanimous vote for approval in Councilmember Dodson’s absence, two are planning and zoning approvals and the other is the tax rate which requires state mandated language. Mayor Newton adjourned the worksession at 6:35 p.m. Mayor Newton called the Executive Session to order at 6:36 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, Nancy Coplen and Mike Taylor were present. ABSENT: Councilmember George Dodson 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities - Glade Road Project Phase 1B and 2A 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 City Council Minutes September 19, 2017 City of Colleyville Page 4 further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:25 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:34 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, Nancy Coplen and Mike Taylor were present. ABSENT: Councilmember George Dodson 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 Chief Brian Riley, 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, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and Assistant City Secretary Christine Loven. INVOCATION: Pastor Jeff Strickland, Colleyville Assembly of God 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-17-4174 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Pro Tem Bobby Lindamood discussed the Go Gold campaign through the American Childhood Cancer Organization. Go Gold is a campaign to transform public awareness of the gold ribbon as the symbol of childhood cancer and recognizing September as Childhood Cancer Awareness Month. Councilmember Nakamura invited everyone to attend the Grapevine High School theatre production of Something Wicked This Way Comes on September 22-24. City Council Minutes September 19, 2017 City of Colleyville Page 5 Councilmember Taylor shared he had been admiring a Harley Davidson motorcycle in a parking lot and when the owner came out he asked if it was his bike. They talked for a few minutes when the owner asked if Councilmember Taylor would like to take it for a ride. Councilmember Taylor noted humanity and compassion is still alive and well. In recognition of Colleyville's Featured Business of the Month - Jersey Mike's Subs, 4712 Colleyville Boulevard, Marketing Manager Gene Champagne - 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 Jersey Mike’s as the featured business of the month. Marketing Manager Gene Champagne thanked the Mayor, Council and City staff for the recognition and highlighted Jersey Mike’s fund raiser opportunities and invited everyone to enjoy a sandwich at Jersey Mike’s. Mayor Newton thanked St. Mary’s Coptic Orthodox Church for inviting the Mayor, City Council, and staff to a luncheon earlier in the week in which they gave a history and tour of the church, provided delicious food, and presented the City with a plaque which will be displayed in the cabinet in the lobby of City Hall. Mayor Newton noted the church is a member of the Ministerial Alliance which he created and is comprised of area clergy whose mission statement is: Our mission is to provide support and prayer through love, mutual respect, and unity, as we work to build a stronger community. 4. CONSENT: READING AND PUBLIC HEARING RESOLUTION R-17-4175 4a Approval of the minutes of the regular City Council meeting of September 5, 2017 4b Adoption of the Fiscal Year 2018 to 2022 Capital Improvement Program (CIP) 4c Approval of authorized broker / dealers for investment purchases 4d Approval of the annual review and updates to the City of Colleyville Investment Policy 4e Approval of an extension to the Interlocal Agreement with Tarrant County for the rehabilitation of Bedford Road from Cheek-Sparger Road to the Little Bear Creek Bridge, and authorize the city manager to execute the agreement Mayor Newton read Resolution R-17-4175 in its entirety. City Council Minutes September 19, 2017 City of Colleyville Page 6 Mayor Newton stated the City Council had received an amended page two of the City Council minutes and asked the Council to include the corrected minutes as amended in the motion to approve. Mayor Newton asked if there were any questions and read the corrections. Strategic Services Manager Adrienne Lothery briefed the City Council on item 4b. Mayor Newton stated he is concerned the last four years of the Five Year Capital Improvement Plan do not show any road construction projects and we do not yet have a process for identifying and prioritizing road maintenance projects based on the analytical road assessment data. However, he recognizes they are not done working on the CIP and it can be amended when these processes are defined by mid-December. Councilmember Taylor stated the Council just received the road assessment report this evening which contained a lot of data and he knows the City will continue to grow, and he is confident future Councils will continue the CIP and stay on top of road projects. Councilmember Nakamura stated Public Works Director Jeremy Hutt has received direction from Council and she is confident progress will continue as well. Mayor Pro Tem Lindamood stated we will continue to move forward but will be cautious and mindful of the projects. Mayor Newton asked staff what the ramifications of not passing the CIP until the road maintenance prioritization process is put into place. Manager Adrienne Lothery said it was not necessary to approve the CIP and it can be amended. City Manager Ducay stated it would be appropriate to pass the CIP now and amend it as appropriate when new information is available. Mayor Newton explained item 4e which approves contracting with Tarrant County is the most cost efficient and he supports the item. Mayor Newton opened the public hearing at 8:03 p.m. There no one present wishing to speak and Mayor Newton closed the public hearing at 8:03 p.m. Councilmember Nakamura made a motion to approve Resolution R-17- 4175 with the amendments to the September 5, 2017 City Council meeting minutes. Councilmember Taylor seconded the motion. The motion to approve carried with the following vote: City Council Minutes September 19, 2017 City of Colleyville Page 7 Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2024 Consideration of a zoning change from the AG-Agricultural zoning district to the RE-Single Family Estate Residential zoning district on Tract 2, Abstract 1487, in the O. C. Strum Survey, located at 6204 L.D. Lockett Road, Case ZC17-014 Mayor Newton read the caption of Ordinance O-17-2024. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:09 p.m. Kathy Handley, 204 Timberline North, spoke in favor of the request as she is glad to see the Estate zoning. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:18 p.m. Councilmember Coplen made a motion to approve Ordinance O-17-2024. 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 5b Ordinance O-17-2025 Consideration of an appeal of the Planning and Zoning Commission's decision for a zoning change from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district on Lot 1A, Block 1, of the Twin Lakes Plaza Addition, located at 4007 Colleyville Boulevard, Case ZC17-013 City Council Minutes September 19, 2017 City of Colleyville Page 8 Mayor Newton read the caption of Ordinance O-17-2025. Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood presented this item and briefed the City Council. Shawn Graham, engineer, 6509 Windcrest, Plano was available to answer engineering questions. Gray Reed, Lidl, 1819 Euclid, Dallas was also available to answer questions. Mayor Newton stated he was pleased with the changes made from last time and this was a very good process where the developer and staff worked together to improve the overall design and remove four out of five variance requests. He was pleased that the building will now sit on the lot with the front facing Highway 26. Councilmember Coplen said she was very pleased with the turning of the building and complimented Director Mark Wood for his work. Mayor Pro Tem Bobby Lindamood also thanked Lidl for working with the City. Councilmember Taylor thanked Lidl for working with staff and the City. Mayor Newton asked staff if TxDOT has agreed to allow the landscaping buffer in the right-of-way. Mr. Graham stated Lidl is working with the State, and they are confident they will secure an agreement, and have done so in other locations. Mayor Newton stated this is critical to the success of the zoning. Mayor Newton asked staff to clarify the common area depth along the adjacent street right-of-way. Community Development Director Ben Bryner stated the intent was to identify the minimum standard to allow for landscaping. Part of the Highway ROW will be used to complete the landscape buffer. Mayor Newton opened the public hearing at 8:27 p.m. Kathy Hadley, 204 Timberline North, spoke in favor of the item, but noted she wants to continue to assist and support the current groceries. Jeff Byerly, 1709 Pebble Hill Drive, spoke in opposition to the item with concern for other improvements which could be made, expressing there are too many waivers for parking, trees, open space, landscape buffers, and grocery stores are generally low sales tax generating businesses. Mr. Byerly requested if City Council moves forward with allowing the project, he would like there to be a cross access easement on the east side to allow for further development. Mr. Byerly also wanted to be on record there are drainage issues on the property. City Council Minutes September 19, 2017 City of Colleyville Page 9 Mimi Byerly, 1709 Pebble Hill Drive, spoke in opposition to the item and regarding the give and take of negotiating, redevelopment, and the need for development. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:33. Mayor Newton stated most of the variances originally requested had been mitigated. Mayor Newton asked Mr. Graham if a cross access easement could be provided. Mr. Graham noted cross access is being provided to the east. Mayor Newton asked Mr. Graham if a condition of the zoning can be to include the requirements for additional parking, if it is needed. Mr. Reed stated Lidle will do what is in the best interest for the business, now and in the future. If the City Council wishes to settle the parking issue now, they will have to agree to the parking or landscaping, one or the other. City Manager Jerry Ducay asked if there is a utility easement on the north side of the property. Mr. Graham replied there is. City Manager Ducay suggested using the easement area to provide the cross access. Mr. Reed said he believes they can come to an agreement in an effort to approve the development. Mayor Newton asked Mr. Reed if there is a restaurant in the store. Mr. Reed responded there are no restaurants inside Lidl, however, they have been the anchor for that type of development in other locations. Councilmember Taylor agreed with Mayor Newton that cross access is important to ensure in this zoning so the development will not become landlocked. At the request of Mayor Newton, Jeff Byerly spoke regarding the cross access easement. Councilmember Taylor stated he does not want to see anyone’s property become landlocked and he wants there to be a flow to the commercial property. Mr. Byerly agreed. Councilmember Taylor asked Mr. Reed what the timeline is for being operational. Mr. Reed responded he believed summer of 2019, but noted they must build a distribution center first. Mayor Newton asked Mr. Reed if they would be willing to agree to a timeline for the issuance of a certificate of occupancy as part of the zoning. Mr. Reed agreed with the request for three years on the zoning, with the ability to request a continuance if they are not built by then. City Council Minutes September 19, 2017 City of Colleyville Page 10 Mayor Pro Tem Lindamood thanked Lidl for all their work and cooperation. Mayor Newton made a motion to approve Ordinance O-17-2025 with the following amendments: A 10 foot cross access public utility drainage easement shall be located on the north, northeast line of the property. If a certificate of occupancy is not issued by October 1, 2020, applicant shall request, in writing, an extension from City Council on or before November 1, 2020, or this Ordinance will expire and all future rezoning requests will be required to be refiled. Mayor Pro Tem Lindamood 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 5c Ordinance O-17-2026 Consideration of an appeal of the Planning and Zoning Commission's decision of an amendment to the PUD-C Planned Unit Development Commercial requirements on Lots 6R and 7R, Block 1, of the Winding Creek Addition, located at 6504 and 6502 Colleyville Boulevard, Case ZC17-012 Mayor Newton read the caption of Ordinance O-17-2026. Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood presented this item and briefed the City Council. Mark Alfonso and Drew VanBrunt, applicants, were present to answer questions of the City Council. Councilmember Nakamura asked staff if the hours of operation were 7:00 a.m. to 8:00 p.m. Director Wood stated those are the hours in the current PUD-C, however, the applicant is seeking to change the hours. Mayor Newton asked if a cross parking agreement had been secured. Mr. Alfonso responded they received the agreement today. Mayor Newton asked the applicants if the requirement for the parking agreement may be added to the ordinance. Mr. Alfonso and Mr. VanBrunt agreed to the amendment. City Council Minutes September 19, 2017 City of Colleyville Page 11 Mayor Newton asked Mr. Alphonso and Mr. VanBrunt when the project will be complete. Mr. Alfonso responded they are anticipating June, 2018. Mayor Newton asked if a zoning amendment could be made to the ordinance requiring that the certificate of occupancy be obtained within a specific time frame similar to the amendment presented in the previous ordinance. Both Mr. Alphonso and Mr. VanBrunt agreed. Mayor Newton opened the public hearing at 9:16 p.m. There were no speakers and Mayor Newton closed the public hearing at 9:16 p.m. Councilmember Taylor made a motion to approve Ordinance O-17-2026 with the following amendments: A recorded parking agreement for shared parking with adjoining lots (8R, 9R, 10R, 2R, 3R, and 4R) shall be provided to the City prior to issuance of a certificate of occupancy. If a certificate of occupancy is not issued by October 1, 2019, applicant shall request, in writing, an extension from City Council on or before November 1, 2019, or this Ordinance will expire and all future rezoning requests will be required to be refiled. Councilmember Coplen 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson Mayor Newton recessed the City Council meeting at 9:20 p.m. Mayor Newton reconvened the City Council meeting at 9:29 p.m. 5d Ordinance O-17-2027 Amending Ordinance O-16-1989 relating to the Fiscal Year 2017 budget Mayor Newton read the caption of Ordinance O-17-2027. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. City Council Minutes September 19, 2017 City of Colleyville Page 12 Mayor Newton stated we have 100 days in reserve for the General Fund and the Utility Fund, although only 90 days are required by the bonding company. Mayor Newton stated there is $4.2 million in the Utility Fund for the 100 day reserve, which would cover all operating expenses and cost of water, although the City would only be required to operate the system. This means the $4.2 million would actually fund 461 days of operations only for both the water and wastewater system. Mayor Newton opened the public hearing at 9:36 p.m. There were no speakers and Mayor Newton closed the public hearing at 9:36 p.m. Councilmember Wheat made a motion to approve Ordinance O-17-2027. Councilmember Taylor 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 5e Ordinance O-17-2028 Adoption of the proposed Fiscal Year 2018 budget Mayor Newton read the caption of Ordinance O-17-2028. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton stated this budget fully funds years one through five of the General Fund and Utility Fund five year Capital Improvement Plans and raises an additional $660,000 in revenue over FY 2017. This additional revenue is allotted to fully fund the compensation study to bring the pay levels of City employees up to the market and eliminate salary compression at a cost of $657,000. Mayor Newton stated he and the City Council are committed to raising only the revenue needed to effectively run the City. Mayor Newton stated this was done while lowering the tax rate by a small amount. Mayor Newton stated we have made strategic changes in the budget philosophy to make use of the most highly restricted funds first and the least restricted funds last. The staff has also developed a report showing the balances in all City funds for the current year and the previous year in an easy to understand one page summary. This report is easy to understand, very transparent, and will be placed on the City’s website. Mayor Newton stated the budget is very conservative, he is pleased with it, and thanked Council and staff for their work and diligence. City Council Minutes September 19, 2017 City of Colleyville Page 13 Councilmember Taylor stated it was a very good budget session, and recognized the Mayor, Councilmembers, and City Manager Ducay. Mayor Newton opened the public hearing at 9:43 p.m. There were no speakers and Mayor Newton closed the public hearing at 9:43 p.m. Councilmember Coplen made a motion to approve Ordinance O-17-2028. 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 5f Ordinance O-17-2029 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2018 Mayor Newton read the caption of Ordinance O-17-2029. Mayor Newton explained this is the final public hearing of three public hearings which were conducted regarding the tax rate. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Councilmember Nancy Coplen stated it was important to note the City does not conduct the appraisals or set the home values, Tarrant Appraisal District does. Mayor Newton concurred. Mayor Newton said it is a good thing our property values are going up since that indicates the City is successfully accomplishing its development and quality strategies. He also said it is the City Council’s obligation to manage the total tax revenue appropriately by setting the tax rate to offset the increasing property values as necessary, and to insure Colleyville has enough revenue to effectively fund the City services at the level citizens expect, but to avoid taking extra revenue simply because property values have gone up. Mayor Newton opened the public hearing at 9:54 p.m. There were no speakers and Mayor Newton closed the public hearing at 9:54 p.m. City Council Minutes September 19, 2017 City of Colleyville Page 14 Mayor Newton made a motion to approve Ordinance O-17-2029, establishing the ad valorem tax rate of $0.333834 per one hundred dollars valuation; which is effectively a 4.6 percent increase in the tax revenue from last year. Mayor Pro Tem Lindamood 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 5g Ordinance O-17-2030 Amending the City’s fee schedule by amending and restating Section 2-26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services Mayor Newton read the caption of Ordinance O-17-2030. Strategic Services Manager Adrienne Lothery presented this item and updated the City Council. Mayor Newton asked staff if the outside Garden Plaza at Colleyville Center can be rented separately from the inside. Manager Lothery replied yes. Mayor Newton thanked staff for re-evaluating and restructuring the fee schedule as discussed at the last meeting. Mayor Newton opened the public hearing at 10:03 p.m. There were no speakers and Mayor Newton closed the public hearing at 10:03 p.m. Councilmember Nakamura made a motion to approve Ordinance O-17- 2030. Mayor Pro Tem Lindamood 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 5h Ordinance O-17-2031 An ordinance amending Section 3- Service Charges of the Water and Sewer Policy and Procedure Manual as contained in the Code of City Council Minutes September 19, 2017 City of Colleyville Page 15 Ordinances of the City of Colleyville, Texas, to implement updated base rates and wastewater gallons charged for new customers Mayor Newton read the caption of Ordinance O-17-2031. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton stated the fixed component of the fee is the cost to run the water and wastewater system and that number is decreasing. This means the City is running the system more efficiently. However, we are keeping the total fixed charge the same as last year. The difference between the cost of operations and the current charge will be allocated to the utility capital project fund to begin to replace the available cash used for capital projects. He further noted the Water and Wastewater Rate Advisory Committee has begun meeting to consider options for ongoing funding of long term Capital Improvement Projects. Mayor Newton opened the public hearing at 10:07 p.m. There were no speakers and Mayor Newton closed the public hearing at 10:07 p.m. Councilmember Wheat made a motion to approve Ordinance O-17-2031. 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4176 Approval of a resolution to ratify the property tax increase as reflected in the Fiscal Year 2018 Budget Mayor Newton read Resolution R-17-4176 in its entirety. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Councilmember Coplen stated there is a decrease in the tax rate, but the resolution caption states a property tax increase. She asked if the language is such because there is an increase in revenue. Manager Lothery and Mayor Newton concurred and Mayor Newton noted the language was a state regulation. City Council Minutes September 19, 2017 City of Colleyville Page 16 Mayor Newton opened the public hearing at 10:12 p.m. There were no speakers however, Nancy Rogers, 1612 Cherry Lane, completed a speaker card in opposition to this item. Mayor Newton closed the public hearing at 10:13 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4176. Mayor Pro Tem Lindamood 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 6b Resolution R-17-4177 Approval of a renewal to the existing janitorial services contract with Oriental Building Services, Inc., in an amount not to exceed $137,561.71, and authorize the city manager to execute the contract Mayor Newton read Resolution R-17-4177 in its entirety. Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Newton commented the City’s cost with the vendor is below the cost of area cities and he supports this resolution. Councilmember Nakamura asked if it will be a year before we can go out to bid on these services. Director Hutt replied the City is not obligated to renew this contract, however, if we do not renew, another vendor would have to be hired on a month to month basis. The staff recommendation is to renew with this vendor due to cost effectiveness and service. Councilmember Nakamura asked staff if the contract can be bid next year. Director Hutt replied yes. Mayor Pro Tem Lindamood expressed his desire to have the service bid next year. Mayor Newton opened the public hearing at 10:20 p.m. Kathy Handley, 204 Timberline North, spoke in opposition to this item because the vendor is not a Colleyville vendor. City Council Minutes September 19, 2017 City of Colleyville Page 17 There were no others wishing to speak and Mayor Newton closed the public hearing at 10:21 p.m. Councilmember Coplen made a motion to approve Resolution R-17-4177. Mayor Pro Tem Lindamood 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 6c Resolution R-17-4178 Approval of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $175,265.38, and authorize the city manager to execute same, and any associated change orders, in an amount not to exceed 25 percent of the original contract price Mayor Newton read Resolution R-17-4178 in its entirety. Mayor Pro Tem Lindamood thanked staff for noting three bids were received. Parks Manager Heather Dowell presented this item and briefed the City Council. Mayor Newton asked if there was an error in the not to exceed amount in the caption of the resolution. Manager Dowell replied yes, the correct not to exceed amount is $175,265.38. Councilmember Coplen asked staff if this vendor also maintained the athletic fields. Manager Dowell replied the City maintains the baseball and soccer fields and all general grounds are contracted out. Mayor Newton opened the public hearing at 10:25 p.m. Kathy Handley, 204 Timberline North, spoke in opposition to this item because the vendor is not a Colleyville vendor. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition to this item with concerns for vendor work ethic and fees charged. There were no others wishing to speak and Mayor Newton closed the public hearing at 10:27 p.m. City Council Minutes September 19, 2017 City of Colleyville Page 18 Manager Dowell stated the City pays the vendor by the project, not hourly and noted a Colleyville business was included in the bid process, however, the Colleyville vendor’s bid was higher. Councilmember Taylor stated we do reach out to Colleyville businesses and that the bids are not restricted. However, we have to look at the tax payer first, and if an outside Colleyville vendor is the lowest bid, and they are acceptable in service and service history to our City, we are obligated to take that unless there is a health or safety reason. The fact a Colleyville business doesn’t bid or bids too high is not an issue we have control over. We have to protect the tax payers. Councilmember Wheat made a motion to approve Resolution R-17-4178 with a correction to the caption correcting the contract amount to $175,265.38. Councilmember Taylor 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 6d Resolution R-17-4179 Approval of Supplemental Agreement #1 for the professional services agreement with Teague Nall and Perkins, Inc., in an amount not to exceed $132,500 for the negotiation and closing services for the property acquisition associated with the Glade Road Phase 2 Project, and authorize the city manager to execute the agreement Mayor Newton read Resolution R-17-4179 in its entirety. Public Works Director Jeremy Hutt presented this item and briefed the City Council. Councilmember Nakamura asked staff if the “not to exceed” amount is usually taken up or is it so much per parcel. Director Hutt replied it is billed on a monthly cycle and the work performed, which is why we do not pay a lump sum, as the full $132,000 will probably not be reached. Councilmember Nakamura asked Director Hutt if this means there would be a reduction in fee if acquisition occurred on the first try. Director Hutt replied yes, as the process would not be as long and the hourly fee would not be charged. Mayor Newton opened the public hearing at 10:34 p.m. There were no speakers and Mayor Newton closed the public hearing at 10:34 p.m. City Council Minutes September 19, 2017 City of Colleyville Page 19 Councilmember Taylor made a motion to approve Resolution R-17-4179. Councilmember Coplen 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, Nancy Coplen and Mike Taylor Absent: 1 – Councilmember George Dodson 7. DISCUSSION OF ITEMS NOT FOR ACTION 7a Update on the SH26 Project SH26 Coordinator James Hubbard provided City Council with an update on the SH26 Project. 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathleen Hennessey, 5013 Stonebridge Drive, spoke regarding lead in the drinking water, concern for the number of realtors who serve on the Tarrant Appraisal District Board of Directors, and stated she is very impressed with the contractors working on the SH26 project. Kathleen Handley, 204 Timberline North, spoke regarding lead in the drinking water, congratulated Mayor Newton on the faith based plaque, stated she is impressed with City staff’s knowledge and their kind and professional manners, stated the five foot sidewalk on Glade Road by Bransford Elementary is too big, the hotel needs a sign so it can be seen, asked City Council to continue to support the grocery stores which are already in place in Colleyville, advised Glade Road has the alligator look which was discussed in the road assessment, the train horn is very important as it alerts motorists, pedestrians, and motorists and needs to be used. 9. REPORTS Monthly Financial Report - August 2017 Quarterly Investment Report for the quarter ended June 30, 2017 Planning and Zoning Commission Minutes - August 14, 2017 Zoning Board of Adjustment Minutes - August 9, 2017 Chief Financial Officer Shereen Gendy presented the Monthly Financial Report for August 2017 and the Quarterly Investment Report for the quarter ended June 30, 2017. City Council Minutes September 19, 2017 City of Colleyville Page 20 There was no discussion of the Planning and Commission Minutes of August 14, 2017 or the Zoning Board of Adjustment Minutes of August 9, 2017. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 19, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4180 This resolution was not need. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 11:20 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 10TH DAY OF OCTOBER 2017. Minutes taken and prepared by: Christine Loven, TRMC Assistant City Secretary