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HomeMy WebLinkAboutCity Council-Minutes-9/2/2014 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, September 2, 2014 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation and discussion of City of Colleyville Special Events PC-2 Discussion of current policy regarding building and facility rental to community groups and the general public PC-3 Discussion of potential amendments to Chapter 5-Tree Preservation in the Land Development Code PC-4 Presentation of the annual activity report of the Colleyville Economic Development Corporation PC-5 Discussion of the September 2, 2014, 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 litigation - Billy McCullough v. City of Colleyville 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, evaluation, and duties of the Municipal Court Judge City of Colleyville Page 1 City Council Agenda September 2, 2014 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dave Jung, Crown of Life Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3775 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3776 4a Approval of the minutes of the City Council Special Meeting of August 12, 2014 4b Approval of the minutes of the City Council Worksession of August 12, 2014 4c Approval of the minutes of the regular City Council meeting of August 19, 2014 4d Approval of the minutes of the City Council Special Meeting of August 26, 2014 4e Approval of Progressive Waste Solutions' Consumer Price Index (CPI) rate adjustment of 1.8 percent, for residential and commercial accounts, and establishing the effective date of the adjustment to be November 1, 2014 City of Colleyville Page 2 City Council Agenda September 2, 2014 4f Approval of the use of the Voluntary Library Fund in Fiscal Year 2015 (FY 2015), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $145,000 4g Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVDs and CDs, and non-book materials, learning games, and puzzles 4h Approval of the use of the Voluntary Library Fund in Fiscal Year 2015 (FY 2015), for professional services to update the Library’s Long- Range Plan, in an amount not to exceed $25,000 4i Approval of the disposal of obsolete and non-serviceable equipment and sale of vehicles 4j Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2015-2019 (FY 2015-2019) of the Colleyville Economic Development Corporation 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-14-1924 Consideration of a zoning change from the R-40-Single Family Residential zoning district to the R-20-Single Family Residential zoning district on 13.09 acres of Tract A and Tract B, of the McEwing Subdivision, and a portion of Lot A, of the Giacomini Addition, located at 711, 715, and 805 Lavaca Trail, Case ZC14-012 5b Ordinance O-14-1925 Consideration of a zoning change from the AG-Agricultural zoning district to the R-30-Single Family Residential zoning district on 1.05 acres of Lot 9, of the Mrs. Eva Paul's Subdivision, located at 1109 Tinker Road, Case ZC14-013 5c Ordinance O-14-1927 Consideration of a zoning change from the R-20-Single Family Residential zoning district to the PUD-C-Planned Unit Development Commercial zoning district on 1.36 acres of Lots 1 and 2, Block 1, of the Sunrise Terrace Addition, located at 1105 Glade Road, Case ZC14-009 5d Ordinance O-14-1926 Request for approval of an amendment to the Future Land Use Map of the Colleyville Master Plan for Lots 1 and 2, Block 1, of the Sunrise Terrace Addition located at 1105 Glade Road, from a Single Family Residential to an Office Land Use Designation, Case GC14-014 City of Colleyville Page 3 City Council Agenda September 2, 2014 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-14-1928 Amending Ordinance O-13-1882 relating to the Fiscal Year 2014 budget 6b Ordinance O-14-1929 Adoption of the proposed Fiscal Year 2015 (FY 2015) budget 6c Ordinance O-14-1930 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2015 (FY 2015) 6d Ordinance O-14-1931 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2015 (FY 2015) Budget 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-14-3777 Approval of a resolution appointing a Regional Municipal Court Judge 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Colleyville Library Board Meeting Minutes - June 16, 2014 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 2, 2014 Reading and Public Hearing - Resolution R-14- 3778 11. ADJOURNMENT City of Colleyville Page 4 City Council Agenda September 2, 2014 I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 29, 2014 by 5:00 p.m. Amy Shelley, TRMC City Secretary 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 5 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 2, 2014 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on September 2, 2014, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Recreation and Library Director Mary Rodne, Recreation and City Events Manager Lisa Escobedo, Parks Manager James Hubbard, Colleyville Center Manager Leslie Hill, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. PC-1 Presentation and discussion of City of Colleyville Special Events Recreation and Library Director Mary Rodne presented this item and briefed the City Council. Councilmember Wollin questioned staff regarding if the Haunted Trails is scheduled to be held this year. Director Rodne replied yes. Councilmember Wollin questioned staff regarding if the Haunted Trails would be combined with the Fall Festival at Colleyville Center for next year. Director Rodne replied yes. Councilmember Wollin stated she liked having Red, White & Sousa at the Colleyville Center, and she received many compliments for that event. Councilmember Wollin questioned staff regarding the naming of the tree lighting event, since it could not be called Holly Colley Holiday. Mayor Kelly responded that is could be called the Christmas Tree Lighting event. Councilmember Wollin suggested moving the tree lighting event to a Friday evening versus a Tuesday evening for greater attendance by the school aged kids. City of Colleyville Page 1 City Council Minutes September 2, 2014 Councilmember Wollin questioned staff regarding if having the event on a Friday night will affect staffing needs, since it will be held at the Library. Director Rodne replied no. Councilmember Mogged questioned staff regarding if football season is over at that time. Mayor Kelly responded playoffs would be taking place, but the regular season would be over. Councilmember Hart questioned staff regarding what would be the name of this event. Director Rodne replied not knowing at this time, but would appreciate feedback. Councilmember Wollin questioned staff regarding if additional trees could be added for the community to decorate. Director Rodne replied there would be room for one additional tree. Councilmember Short questioned staff regarding what differentiates these special events from some of the other City events, like the Library reading program. Director Rodne stated the other City events are held by the individual departments, and they are smaller events. Councilmember Mogged questioned staff regarding if the number of attendees for the fall event is anticipated to be like the Red, White & Sousa event. Director Rodne replied yes. PC-2 Discussion of current policy regarding building and facility rental to community groups and the general public City Manager Jennifer Fadden presented this item and briefed the City Council. Mayor Kelly stated the Colleyville Center has a kitchen facility for the purpose of serving and having food at events, which the other facilities do not. Councilmember Wollin added it is not a catering kitchen, it is more like an individual home kitchen. Mayor Kelly stated the Senior Center does not have staff to hold events like Colleyville Center. City Manager Jennifer Fadden concurred. City Manager Jennifer Fadden stated if events were held at the Senior Center, as a back-up facility, staff would recommend managing those events through Colleyville Center’s staff. Councilmember Mogged stated maybe the Senior Center should just be considered as an overflow facility for civic or charity organizations so that it remains limited in usage. City of Colleyville Page 2 City Council Minutes September 2, 2014 Mayor Kelly stated the rental schedule should not be changed. Councilmember Mogged stated the Senior Center is not a premier facility like the Colleyville Center. Mayor Kelly stated he thought the Senior Center will be a multi-use facility. City Manager Jennifer Fadden stated there was not consistent City Council direction given to proceed in that direction. Councilmember Mogged stated he would like the primary use of the Senior Center to remain consistent with its current use. Councilmember Putnam stated it should be at the Colleyville Center Manager and her staff’s discretion about who uses it and how. Councilmember Wollin concurred. Councilmember Wollin stated she wants to recoup the cost with the pricing. Councilmember Putnam asked City Council if the Senior Center usage could be limited to Colleyville organizations. Councilmember Wollin agreed. Mayor Kelly stated there will have to be certain parameters set in order to help manage the events, especially since the events take place within non-open hours. He added staff will have to be available to manage the site for cleaning and such, which may require overtime. Councilmember Putnam questioned staff regarding if the open space behind the Senior Center would then become available for renting. City Manager Jennifer Fadden replied parks are not available to be rented, only park pavilions are rented. Mayor Kelly added the open space could be used for overflow, but it could not be restricted from other users for that same timeframe. Mayor Kelly stated alcoholic beverages are not allowed in City parks, which could be an issue with the facility rental. Mayor Pro Tem Taylor stated if the Colleyville Center is booked for profit rentals, there needs to be an overflow to take care of the Colleyville non-profit organizations. Councilmember Putnam stated there could be some constraints on the uses. Councilmember Wollin concurred and added TABC would get involved when alcohol is present at events. Mayor Kelly asked City Council if they are open to looking at opening up the Senior Center and other City facilities to use as overflow for events, such as the second floor of the Library. City of Colleyville Page 3 City Council Minutes September 2, 2014 Mayor Pro Tem Taylor stated being willing to look at the Senior Center, since it is a freestanding building, but not the second floor of the Library. He stated there will need to be a policy put in place for these rentals. Councilmember Mogged concurred. City Manager Jennifer Fadden stated the second floor of the Library is not rented, and it was only used when the Colleyville Center was closed for renovation. City Manager Jennifer Fadden asked City Council if the main hall of the Senior Center is to be considered for overflow, or would any other rooms be available. Mayor Pro Tem Taylor suggested staff to come back with recommendations. Mayor Kelly concurred. Councilmember Short stated there may be some perfect uses for which the second floor of the Library would be well suited and appropriate. He stated there are other facilities such as the Rock House and the Webb House that could be used as well. Councilmember Hart stated it could become a staffing issue. Mayor Kelly stated the Library inventory could be compromised if the event is taking place while the Library is closed. Councilmember Short stated it could be used during regular Library hours. He added the room should be considered, especially if there is going to be a policy regarding the usage of City facilities. Mayor Kelly stated if multiple sites are being scheduled, it may become necessary to have additional staff to manage and oversee the events. Councilmember Short stated there could be several options for set-up. Mayor Pro Tem Taylor stated the Library is not set-up so that the main sections can be closed down from access. Mayor Kelly stated there are several churches who open up their facilities for meetings and such. Councilmember Wollin stated there are civic organizations that book far in advance, and when a business comes in to book, and they are paying the for- profit fee, there needs to be some alternatives given to the civic organizations to be able to move their event so that the revenue can be received by those businesses paying the higher fee. Councilmember Mogged questioned staff regarding the timeframe in which this policy needs to be decided upon. Mayor Kelly responded there are alternative dates to consider for the Colleyville Lions Club Fish Fry event, it could be held on Friday, October 10 versus Saturday, October 11. City of Colleyville Page 4 City Council Minutes September 2, 2014 Mayor Pro Tem Taylor stated there needs to be a policy codified. Councilmember Hart stated the Senior Center has been underutilized, but this should be done in such a way that this will work, especially given staffing concerns. City Manager Jennifer Fadden stated staff has suggested a proposal if City Council would like to head in this direction. She stated it would allow the Lions Club to utilize the Senior Center for this October event, and then staff can come back with more details of City facilities and usage. Councilmember Wollin suggested using the Colleyville Lions Club Fish Fry as a pilot study to provide more guidance for the future. Councilmember Hart questioned staff regarding alcohol usage. City Manager Jennifer Fadden stated an exception would have to be granted. City Manager Jennifer Fadden asked City Council if they have any concern with proceeding forward with moving the October event to the Senior Center. Councilmember Mogged replied having concerns about the fee schedule. City Manager Jennifer Fadden stated the fees are set by ordinance, and staff does not have the latitude to modify those fees. Councilmember Mogged stated there is not a fee schedule for the Senior Center. He added this particular event could be looked at in a different way, as to not bind ourselves by charging the same fee as a premier facility such as the Colleyville Center. Councilmember Short questioned staff regarding if the ordinance is specific to a rental for the type of room and the day of the week. Colleyville Center Manager Leslie Hill replied the Senior Center cost for cleaning is about half of the Colleyville Center cleaning, from a staffing perspective. She stated there may be an element of having to move assets, such as tables and chairs, from the Colleyville Center to the Senior Center to be able to provide the same level of service, which would require the flexing of staff time. Councilmember Wollin questioned staff regarding if overtime would be required. Manager Hill replied yes. Councilmember Mogged questioned Jim Fletcher, Colleyville Lions Club, regarding the number of attendees for the Fish Fry. Mr. Fletcher replied about 120. Mayor Pro Tem Taylor questioned staff regarding the occupancy level for the main hall at the Senior Center. Recreation and City Events Manager Lisa Escobedo replied 108. Mayor Kelly stated the Senior Center could handle this event. City of Colleyville Page 5 City Council Minutes September 2, 2014 Mayor Kelly stated he wants all of the community groups to be treated the same. Councilmember Wollin questioned staff regarding if there is a fire code issue with the fish fry. Fire Chief Brian Riley replied not as long as they are cooking outside. Manager Hill stated the rental rates are deeply discounted for the non-profit civic organizations, with Friday rates at $800 and Saturday rates at $1,600. Mayor Kelly suggested he would like staff to work up the pricing to ensure the costs are recouped. City Manager Jennifer Fadden concurred. Mayor Pro Tem Taylor suggested having the Colleyville Center Advisory Committee look at the costs. He added he would like their input. PC-3 Discussion of potential amendments to Chapter 5-Tree Preservation in the Land Development Code Community Development Director Ron Ruthven presented this item and briefed the City Council. Councilmember Mogged questioned staff regarding why a resident would have to permit for a tree removal if they are not planning to clear-cut their lot. Director Ruthven replied there would have to be some administrative discretion given for certain circumstances. Councilmember Mogged stated the AG zoned properties may want to remove trees to help with the grazing of animals; do we think we can manage this better than the actual property owner, and do we want to review those instances? Mayor Kelly stated it is good for someone to have a look at those circumstances to ensure homeowners are not clearing their lot in order to save the developer money. Councilmember Mogged suggested the acreage being set higher than one acre, maybe 10 acre lots. Councilmember Wollin stated the community will become outraged, and therefore we are trying to prevent that from happening again. Mayor Kelly stated it “may be required”, it is not stated that it “will or shall be required.” Councilmember Wollin concurred. Mayor Pro Tem Taylor stated being concerned for creating too much government overreach. He stated we keep running into issues when there is an agreement, City of Colleyville Page 6 City Council Minutes September 2, 2014 but the developers do not follow through with what has been agreed upon. He stated he does not want to monitor people’s yards. Mayor Kelly stated if we are a Tree City, and as the costs of development rises, there may be a need to look at certain situations, to try to prevent issues. Councilmember Putnam stated one acre is typically not a big development, therefore loosening the constraint a little, but not infringing on individual homeowners’ rights, still sends a message that we want to enforce this principally for the purpose of development, and should be part of the permitting process. Director Ruthven asked City Council if the lot should be larger or should the area of protected trees be larger? Councilmember Putnam replied both. Councilmember Putnam questioned staff regarding if there is a way to establish some sort of penalty that basically states if a property is sold for the purposes of development, after a certain amount of time from which the trees have been cleared, then they are going to pay something additional at the time of permitting. Director Ruthven stated it would be difficult to monitor when the property is sold. Mayor Pro Tem Taylor stated he does not see any incentive in the proposed amendments for developers to plant trees for future generations. Mayor Kelly questioned staff regarding the definition of a protected tree. Director Ruthven replied that would be any tree not considered exempt that is six inches or larger in diameter width outside of the pad site area. Mayor Pro Tem Taylor questioned staff regarding the height at which the caliper is measured. Director Ruthven replied four and one-half (4 ½) feet. Councilmember Mogged questioned staff regarding what if the tree is dead. Director Ruthven replied it is no longer protected. Councilmember Short questioned staff regarding if there is a concern for the clearing of brush and trees within a tree preservation area. Director Ruthven replied the idea is to incentivize the preservation of those areas. Mayor Kelly stated City Council has some discretion with specific tree preservation requirements with requested zonings such as Planned Unit Developments. Mayor Pro Tem Taylor questioned staff regarding if the tree policy would apply to a straight zoning district request. Director Ruthven replied yes. Mayor Pro Tem Taylor questioned staff regarding if there could be something put in place to be more punitive to those who are not meeting these requirements. Director Ruthven stated staff is proposing a sign be placed on the property to help City of Colleyville Page 7 City Council Minutes September 2, 2014 better explain the tree preservation area, and it will have information on the sign so that people driving by can call if they see the trees are not being protected or being removed from a protected area. Mayor Kelly questioned staff regarding if the City is limited to only charging $500 per caliper inch. City Attorney Matthew Boyle replied no. Mayor Pro Tem Taylor stated he does not want to be punitive on the businesses. Director Ruthven stated the civil penalty has been added at a cost of $500 per caliper inch. Mayor Kelly stated the rate needs to be punitive and not built into the cost of actually doing business. He stated if it is high enough, the subcontractors will want to ensure the trees are protected so that the developer is not penalized. Mayor Pro Tem Taylor stated trees add value to properties, and they help draw businesses and residents to Colleyville. He added he wants developers to have to plant substantial viable trees. Councilmember Mogged stated there needs to be something in place that will make the developer hold true to any agreements made relative to tree protection. Councilmember Mogged questioned staff regarding if there is a chance of putting a minimum diameter on cedar trees, like cottonwood trees, so that the resident can remove them while they are small. Director Ruthven replied yes. Councilmember Short questioned staff regarding if the signage would include everything in the protected fencing area, such as overgrowth. Director Ruthven replied anything below six inches could be removed; however, within a tree preservation buffer, the intent is to leave that area alone. Councilmember Wollin questioned staff regarding construction workers parking under the canopy of the trees. Director Ruthven replied if the tree is within the right-of-way, they are allowed to park underneath the tree; however, if the tree is not located within the right-of-way, they are not allowed to park underneath the tree. Councilmember Wollin suggested having a penalty in place for those instances. Mayor Kelly stated the people parking equipment under tree canopies, in which those trees are not exempt, need to understand that there is a penalty for damaging those trees. Mayor Pro Tem Taylor questioned staff regarding if a working easement is only for a temporary use, and are the uses defined in the easement, or are they the same as what is used in the right-of-way. City Attorney Matthew Boyle stated every City of Colleyville Page 8 City Council Minutes September 2, 2014 easement comes down to the language contained in it; therefore, it is not always formalized in the easement, but in a letter that allows the developer to use their property for purposes of parking construction vehicles. Mayor Pro Tem Taylor stated the documents would need to specify those uses. City Attorney Matthew Boyle stated most easements are not specific. Mayor Kelly questioned staff regarding if the City is responsible to get involved in a private matter such as this. City Attorney Matthew Boyle replied it is still a violation. He added granting someone permission to park in your front yard, on a non-paved surface, is still in violation of City ordinance. PC-4 Presentation of the annual activity report of the Colleyville Economic Development Corporation There was no discussion regarding this item. PC-5 Discussion of the September 2, 2014, City Council regular agenda items Mayor Kelly explained the applicant for 5c and 5d has requested a continuance to the September 16, 2014 meeting. Mayor Kelly adjourned the Pre Council meeting at 7:00 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:33 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Recreation and Library Director Mary Rodne, Parks Manager James Hubbard, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. 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 litigation - Billy McCullough v. City of Colleyville City of Colleyville Page 9 City Council Minutes September 2, 2014 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, evaluation, and duties of the Municipal Court Judge 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 Kelly 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. The meeting was recessed at 7:00 p.m. and reconvened at 7:01 p.m. INVOCATION: Pastor Dave Jung, Crown of Life Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3775 Mayor Kelly read Resolution R-14-3775 in its entirety. Economic Development Director Marty Wieder presented this item and briefed City Council. Mayor Kelly questioned staff regarding the application process involved with a grant application. Director Wieder explained the application process and the Architectural Review Commission criteria of commercial design standards. Mayor Kelly opened the public hearing at 7:41 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:41 p.m. Councilmember Hart moved to approve Resolution R-14-3775. Councilmember Putnam seconded the motion. City of Colleyville Page 10 City Council Minutes September 2, 2014 The motion to approve carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition There was no discussion of this item. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3776 4a Approval of the minutes of the City Council Special Meeting of August 12, 2014 4b Approval of the minutes of the City Council Worksession of August 12, 2014 4c Approval of the minutes of the regular City Council meeting of August 19, 2014 4d Approval of the minutes of the City Council Special Meeting of August 26, 2014 4e Approval of Progressive Waste Solutions' Consumer Price Index (CPI) rate adjustment of 1.8 percent, for residential and commercial accounts, and establishing the effective date of the adjustment to be November 1, 2014 4f Approval of the use of the Voluntary Library Fund in Fiscal Year 2015 (FY 2015), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $145,000 4g Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVDs and CDs, and non-book materials, learning games, and puzzles 4h Approval of the use of the Voluntary Library Fund in Fiscal Year 2015 (FY 2015), for professional services to update the Library’s Long- Range Plan, in an amount not to exceed $25,000 4i Approval of the disposal of obsolete and non-serviceable equipment and sale of vehicles 4j Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2015-2019 (FY 2015-2019) of the Colleyville Economic Development Corporation Mayor Kelly read Resolution R-14-3776 in its entirety. Mayor Kelly opened the public hearing at 7:43 p.m. City of Colleyville Page 11 City Council Minutes September 2, 2014 There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:43 p.m. Councilmember Wollin moved to approve Resolution R-14-3776. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-14-1924 Consideration of a zoning change from the R-40-Single Family Residential zoning district to the R-20-Single Family Residential zoning district on 13.09 acres of Tract A and Tract B, of the McEwing Subdivision, and a portion of Lot A, of the Giacomini Addition, located at 711, 715, and 805 Lavaca Trail, Case ZC14-012 Mayor Kelly read the caption of Ordinance O-14-1924. There was no presentation or briefing made by staff for this second reading. Mayor Kelly opened the public hearing at 7:45 p.m. Jody Boyd, applicant, presented this request and briefed City Council. Craig Walter, 5910 Crescent Lane, spoke in support of this request. Daniel Garrison, 901 Lavaca Trail, did not wish to speak, but did register his support for this request. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:51 p.m. Mayor Pro Tem Taylor questioned Mr. Boyd regarding if most of the existing trees will be preserved. Mr. Boyd replied this is going to be a custom built neighborhood, and they have requested the builders preserve as many trees as possible, especially since the trees will enhance the lots. Mayor Pro Tem Taylor questioned Mr. Boyd regarding if they allow the builders to clear-cut the lots. Mr. Boyd replied no, as a matter of fact, they require builders to plant more trees with the landscaping being installed for the lots. City of Colleyville Page 12 City Council Minutes September 2, 2014 Mayor Kelly moved to approve Ordinance O-14-1924. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 5b Ordinance O-14-1925 Consideration of a zoning change from the AG-Agricultural zoning district to the R-30-Single Family Residential zoning district on 1.05 acres of Lot 9, of the Mrs. Eva Paul's Subdivision, located at 1109 Tinker Road, Case ZC14-013 Mayor Kelly read the caption of Ordinance O-14-1925. There was no presentation or briefing made by staff for this second reading. Bud Sellers, applicant, was present but did not have an update for City Council. Mayor Kelly opened the public hearing at 7:55 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:55 p.m. Mayor Kelly questioned Mr. Sellers regarding if he would approve a zoning change to R-40 rather than to R-30. Mr. Sellers replied he would be good with R-40, especially since the setbacks would work with the existing layout. Councilmember Mogged moved to approve Ordinance O-14-1925 with an amendment for the request to be an R-40 zoning district rather than an R- 30 zoning district. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 5c Ordinance O-14-1927 Consideration of a zoning change from the R-20-Single Family Residential zoning district to the PUD-C-Planned Unit Development Commercial zoning district on 1.36 acres of Lots 1 and 2, Block 1, of the Sunrise Terrace Addition, located at 1105 Glade Road, Case ZC14- 009 City of Colleyville Page 13 City Council Minutes September 2, 2014 Mayor Kelly explained the applicant has requested this item be continued, with a public hearing, to the September 16, 2014 meeting. He stated a motion would need to be made to accept the continuance of this item. Councilmember Wollin moved to continue Ordinance O-14-1927 to the September 16, 2014 City Council Meeting. Mayor Pro Tem Taylor seconded the motion. The motion to continue carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 5d Ordinance O-14-1926 Request for approval of an amendment to the Future Land Use Map of the Colleyville Master Plan for Lots 1 and 2, Block 1, of the Sunrise Terrace Addition located at 1105 Glade Road, from a Single Family Residential to an Office Land Use Designation, Case GC14-014 Mayor Kelly explained the applicant has requested this item be continued, with a public hearing, to the September 16, 2014 meeting. He stated a motion would need to be made to accept the continuance of this item. Councilmember Wollin moved to continue Ordinance O-14-1927 to the September 16, 2014 City Council Meeting. Mayor Pro Tem Taylor seconded the motion. The motion to continue carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-14-1928 Amending Ordinance O-13-1882 relating to the Fiscal Year 2014 budget Mayor Kelly read the caption of Ordinance O-14-1928. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. City of Colleyville Page 14 City Council Minutes September 2, 2014 Mayor Kelly opened the public hearing at 8:01 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:01 p.m. This was a first reading; therefore, City Council did not take any action. 6b Ordinance O-14-1929 Adoption of the proposed Fiscal Year 2015 (FY 2015) budget Mayor Kelly read the caption of Ordinance O-14-1929. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Kelly stated the City Council agenda packet contains all of the specific details. Manager Lothery concurred, and added the budget is also posted on the City’s website. Mayor Kelly opened the public hearing at 8:04 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:04 p.m. Councilmember Wollin stated being pleased that our debt has decreased by $302,605, which is about an 18 percent decrease. She expressed her appreciation to the staff for the planning of this budget. Mayor Kelly stated Colleyville is one of only two cities in the State of Texas that has the AAA rating on debt. He stated Colleyville is ran as a very fiscal and conservative community. Councilmember Wollin stated the retirement benefits are also fully funded, in contrast to other cities, and have been for three years. Councilmember Wollin stated the financial policy states there should be 90 days of reserve in the fund balance; however, Colleyville has 172 days, and also has 164 in the Utility fund. She expressed being pleased that Colleyville is managed very well. This was a first reading; therefore, City Council did not take any action. 6c Ordinance O-14-1930 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2015 (FY 2015) City of Colleyville Page 15 City Council Minutes September 2, 2014 Mayor Kelly read the caption of Ordinance O-14-1930 and stated: This is a public hearing, however, there will be no decisions made by the City Council at this public hearing. We urge you to express your views at this public hearing and to attend and express your views at a second public hearing, which will be conducted during the regular City Council meeting on September 16, 2014 at 7:30 p.m. The City Council will vote on the proposed tax rate at the regular City Council meeting on September 16, 2014, 7:30 p.m. at City Hall, 100 Main Street, Colleyville, Texas 76034. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Kelly stated the property tax rate went up eight years ago because of a resident referendum to fund two new fire stations. He stated had that not happened, the tax rate would not have gone up in about 20 years. Mayor Kelly opened the public hearing at 8:09 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:09 p.m. This was a first reading; therefore, City Council did not take any action. 6d Ordinance O-14-1931 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2015 (FY 2015) Budget Mayor Kelly read the caption of Ordinance O-14-1931. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Kelly stated this is a ½ cent sales tax that is the sole source of revenue for this budget. Manager Lothery concurred. Mayor Kelly added as Colleyville becomes more of a destination place, this will only help to increase that revenue. Manager Lothery concurred. Mayor Kelly opened the public hearing at 8:11 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:11 p.m. This was a first reading; therefore, City Council did not take any action. City of Colleyville Page 16 City Council Minutes September 2, 2014 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-14-3777 Approval of a resolution appointing a Regional Municipal Court Judge Mayor Kelly read Resolution R-14-3777 in its entirety. Mayor Kelly opened the public hearing at 8:13 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:13 p.m. Councilmember Mogged moved to approve Resolution R-14-3777. Councilmember Wollin seconded the motion. Councilmember Wollin stated having served on the appointment committee, she was very pleased with the choice of Sara Jane del Carmen as the Municipal Court Judge, and stated Ms. Carmen will do a great job for Colleyville. Mayor Pro Tem Taylor expressed his appreciation to Mayor Kelly, and Councilmembers Wollin and Mogged for their dedication to the appointment committee, as well as the master plan committee. Mayor Kelly stated the City of Colleyville reached out with having a combined court with Keller; therefore, the Judge Review Committee found a great candidate this year. Councilmember Wollin questioned staff regarding if the City of Keller will be making the appointment tonight as well. Assistant City Manager and Chief Financial Officer Terry Leake replied yes. Councilmember Mogged stated there were a number of qualified applicants this year to choose from which, speaks highly of the joint operations of Colleyville and Keller. The motion to approve carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no discussion of this item. City of Colleyville Page 17 City Council Minutes September 2, 2014 9. REPORTS Colleyville Library Board Meeting Minutes - June 16, 2014 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 2, 2014 Reading and Public Hearing - Resolution R-14- 3778 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Putnam moved to adjourn, and Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Mayor Kelly adjourned the City Council meeting at 8:16 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 16TH DAY OF SEPTEMBER 2014. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 18