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HomeMy WebLinkAboutCity Council-Minutes-10/5/2015 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 Monday, October 5, 2015 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Review of the Comprehensive Plan Advisory Committee (CPAC) meeting held on September 28, 2015 PC-2 Discussion of the October 5, 2015, 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 on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Agenda October 5, 2015 City of Colleyville Page 2 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3914 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 Texas Municipal League 2015 Municipal Excellence Award in Management Innovations - Municipal Court Administrator Karen Randolph, Judge Sara Jane del Carmen - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3915 4a Approval of the minutes of the regular City Council meeting of September 15, 2015 4b Approval to purchase four Chevrolet Tahoe patrol vehicles, from Caldwell Country Chevrolet, in an amount not to exceed $135,960, bid through the State of Texas Cooperative Purchasing Program; approval to purchase one administrative vehicle, from Silsbee Ford, in an amount not to exceed $20,931, bid through the State of Texas Cooperative Purchasing Program; and approval to purchase two Harley Davidson motorcycles, from American Eagle Harley Davidson, in an amount not to exceed $37,025.30, bid through the competitive bid process, and authorize the city manager to execute all purchasing documents 4c Approval of the disposal and sale of obsolete vehicles 4d Approval of a Chapter 380 Agreement with Toll Brothers for local sales/use taxes through a Texas Direct Payment Permit, and authorize the city manager to execute the agreement City Council Agenda October 5, 2015 City of Colleyville Page 3 5. CONTINUED: READING AND PUBLIC HEARING 5a Ordinance O-15-1963 Consideration of a zoning change from the R-40-Single Family Residential zoning district to the PUDR-Planned Unit Development Residential zoning district on Lot 4, Block 1, of the Lavaca Trail Addition, located at 1013 Lavaca Trail, Case ZC15-012 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-15-1971 Consideration of an amendment to the PUDC-Planned Unit Development Commercial zoning district on Lots 2, 53, and 54, of the Village at Colleyville, located at 18, 20, and 26 Main Street, Case ZC15-016 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-15-3916 A resolution nominating a candidate to the Tarrant Appraisal District (TAD) Board of Directors 7b Resolution R-15-3917 Consideration of appointments to the Planning and Zoning Commission 7c Resolution R-15-3918 Consideration of appointments to the Zoning Board of Adjustment 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Meeting Minutes - August 10, 2015 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 5, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15- 3919 City Council Agenda October 5, 2015 City of Colleyville Page 4 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 2, 2015, 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 Monday, October 5, 2015 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on October 5, 2015, at 5:31 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Economic Development Director Marty Wieder, Colleyville Center Manager Leslie Hill, Parks Manager James Hubbard, Strategic Services Manager Adrienne Lothery, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley PC-1 Review of the Comprehensive Plan Advisory Committee (CPAC) meeting held on September 28, 2015 Community Development Director Abra Nusser presented this item and briefed the City Council. Mayor Kelly stated there may be some questions from residents about making this a detailed document versus a higher level type document. Councilmember Mogged suggested having a conversation with residents about the various plans which the City uses to execute the items in the comprehensive plan. Councilmember Putnam stated the details are also revealed as we make specific amendments to the Land Development Code. Mayor Kelly concurred. Councilmember Coplen concurred about residents’ concerns when they see all areas are noted as residential, and it should be understood about the different variations. Director Nusser agreed. Councilmember Putnam stated we have to educate the residents about their expectation of 1.8 dwelling units per acre, how and why it is not always the case. Mayor Kelly agreed. City Council Minutes October 5, 2015 City of Colleyville Page 2 Councilmember Coplen asked staff about the McDonwell School Road connection to Pleasant Run Road. Director Nusser replied an analysis has been completed which indicates this is viable for connectivity. Mayor Pro Tem Taylor asked staff why the school campuses are included in the Colleyville Boulevard corridor. Director Nusser replied if those uses change, over time, and the building becomes something else, they could be incorporated into the corridor for connectivity and form. Mayor Pro Tem Taylor asked about Little Bear Creek, and why the zoning is wrapped behind the existing residential homes. Director Nusser replied there has been recent development interest in this area; therefore, staff wants to ensure the development preserves the established neighborhoods, and yet or still allows something special that might be a great development opportunity for the Colleyville Boulevard corridor. Councilmember Short asked staff if the creek area is developable. Director Nusser replied yes; however, there are obstacles to overcome. Mayor Pro Tem Taylor stated he appreciates the fact of looking at the school locations for other uses, if necessary for the future. Councilmember Wollin asked staff about the format of the open house. Director Nusser replied it will be a come and go event, with no structure or presentation. She stated there will be stations to visit to review the highlights of the plan. She stated at the end, there will be plans to review to allow for residents to leave specific comments or concerns. PC-2 Discussion of the October 5, 2015, City Council regular agenda items Economic Development Director Marty Wieder presented and briefed City Council about item 4d. City Manager Jennifer Fadden added any reference to October 1, should be modified to November 1, 2015. Mayor Kelly stated he would like staff to review the attendance of all board, commission, and committee members to replace those who are not meeting the 75 percent attendance requirement. City Manager Jennifer Fadden recapped the Mayor’s request to notify those that have not maintained the 75 percent attendance requirement, and re-advertise for those positions. City Councilmembers agreed. Mayor Kelly recessed the Pre Council meeting at 6:03 p.m. Mayor Kelly reconvened the Pre Council meeting at 6:47 p.m. City Council Minutes October 5, 2015 City of Colleyville Page 3 Mayor Kelly stated Gary Sanders did not wish to serve on the Zoning Board of Adjustment. He then detailed the appointments for items 7a, 7b, and 7c. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen Absent: Councilmember Jody Short City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Economic Development Director Marty Wieder, Parks Manager James Hubbard, Strategic Services Manager Adrienne Lothery, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, Assistant City Attorney Matt Butler, 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 on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Minutes October 5, 2015 City of Colleyville Page 4 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, 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 6:03 p.m. and reconvened at 6:04 p.m. INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: Assistant City Attorney Matt Butler 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3914 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 Councilmember Wollin welcomed and encouraged everyone to attend an event to be presented by the Colleyville Police Department, “Protecting Against Identity Theft,” on Thursday, October 15, 2015, from 6:00 p.m. to 7:30 p.m. at the Colleyville Justice Center located at 5201 Riverwalk Drive. Mayor Kelly welcomed and encouraged everyone to attend the Public Open House to present the Colleyville Comprehensive Plan “Destination Colleyville,” on Wednesday, October 14, 2015, from 6:30 p.m. to 8:30 p.m. at the Colleyville Center located at 5301 Riverwalk Drive. Mayor Kelly welcomed and encouraged everyone to attend National Night Out on Tuesday, October 6, 2015, from 6:00 p.m. to 9:00 p.m. at City Park located on Bransford Road. Mayor Kelly expressed his appreciation to the Public Works Department for diligently repairing the supply lines from the Trinity River Authority. He also thanked the residents which helped to minimize water usage during the break. Presentation of the Texas Municipal League 2015 Municipal Excellence Award in Management Innovations - Municipal Court Administrator Karen Randolph, Judge Sara Jane del Carmen - Mayor David Kelly Mayor Kelly presented the Texas Municipal League 2015 Municipal Excellence Award in Management Innovations to Municipal Court Administrator Karen Randolph, Judge Sara Jane del Carmen, and Finance Manager Karen Hines. Mayor City Council Minutes October 5, 2015 City of Colleyville Page 5 Kelly explained the award recognizes the City for implementing a combined municipal court. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3915 4a Approval of the minutes of the regular City Council meeting of September 15, 2015 4b Approval to purchase four Chevrolet Tahoe patrol vehicles, from Caldwell Country Chevrolet, in an amount not to exceed $135,960, bid through the State of Texas Cooperative Purchasing Program; approval to purchase one administrative vehicle, from Silsbee Ford, in an amount not to exceed $20,931, bid through the State of Texas Cooperative Purchasing Program; and approval to purchase two Harley Davidson motorcycles, from American Eagle Harley Davidson, in an amount not to exceed $37,025.30, bid through the competitive bid process, and authorize the city manager to execute all purchasing documents 4c Approval of the disposal and sale of obsolete vehicles 4d Approval of a Chapter 380 Agreement with Toll Brothers for local sales/use taxes through a Texas Direct Payment Permit, and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-15-3915 in its entirety. Economic Development Director Marty Wieder presented item 4d, and briefed City Council. Mayor Kelly opened the public hearing at 7:44 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:44 p.m. Mayor Pro Tem Taylor made a motion to approve Resolution R-15-3915 with an amendment to the agreement in item 4d to reflect a beginning date of November 1, 2015, and all other references to that beginning date be changed to November 1, 2015; and, the expiration date for the agreement shall be changed to October 31, 2025. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen City Council Minutes October 5, 2015 City of Colleyville Page 6 Absent: 1 – Councilmember Jody Short 5. CONTINUED: READING AND PUBLIC HEARING 5a Ordinance O-15-1963 Consideration of a zoning change from the R-40-Single Family Residential zoning district to the PUDR-Planned Unit Development Residential zoning district on Lot 4, Block 1, of the Lavaca Trail Addition, located at 1013 Lavaca Trail, Case ZC15-012 Mayor Kelly read the caption of Ordinance O-15-1963. Community Development Director Abra Nusser provided an update on this item and briefed City Council. Mayor Kelly opened the public hearing at 7:50 p.m. John Fegan and Konstantine Bakintas, presented an update to this item and briefed the City Council. Lynnette Stanley, 1101 Lavaca Trail, spoke in opposition to this request with concerns for density, and the loss of the rural atmosphere. David Warrick, 6104 Emmas Court, spoke in opposition to this request with concerns for drainage and density. Elizabeth Warrick, 6104 Emmas Court, spoke in opposition to this request with concerns for drainage. Joel Stanley, 1609 Douglas Avenue, spoke in opposition to this request with concerns for density. Bill Martins, 604 Shetland Drive, spoke in opposition to this request with concerns for density, traffic, and safety. Mark Assaad, 5000 Thompson Terrace, spoke in opposition to this request with concerns for density. Jason Stanley, 909 Chateau Court, spoke in opposition to this request with concerns for density. Craig Walter, 5910 Crescent Lane, spoke in opposition to this request with concerns for commercial zoning in the Future Land Use Plan and downstream drainage. City Council Minutes October 5, 2015 City of Colleyville Page 7 The following persons did not wish to speak, but did wish to register their opposition to this request: Bobby Lindamood, 4913 Jim Mitchell Trail W., and Salman Moti, 6216 Emmas Court. There were no others wishing to speak and Mayor Kelly closed the public hearing at 8:12 p.m. Mayor Kelly asked staff if the developer will have to do engineered drainage, if the property is improved. Public Works Director Jeremy Hutt replied yes. Mayor Kelly asked Mr. Bakintas if a 25 foot rear setback is something that could be considered. Mr. Bakintas replied the current proposed setback is 20 feet on all lots, except for the northern most lot and the two southern lots. He stated those lots are at 15 feet due to lot configuration. Mayor Kelly asked Mr. Bakintas about the five foot difference from the front yard. Mr. Bakintas replied they were trying to be consistent with the development to the north. Mayor Kelly stated it would seem the extra five feet could be placed to the back, to create the 25 foot rear setback. Mr. Fegan stated this allows a larger footprint for the builder for a 50 percent lot coverage. Mayor Kelly asked staff why the extra five feet of pavement is needed for the street width. Fire Chief Brian Riley replied the cul-de-sac street is one-way in and one-way out, the extra space is needed for emergency operations. Mayor Kelly asked staff if the length of the street triggers the need for extra pavement width. Chief Riley replied this street is over 1,200 feet in length and the extra pavement width allows for the stacking of emergency vehicles. Councilmember Putnam asked staff about the residential density targets, since there have been variances to this language in the past. Director Nusser replied the PUDR section of the Land Development Code requires that PUDR zoning requests come in at 1.8 dwelling units per acre. She stated it allows a density bonus to be achieved, if they provide enhanced open space, such as trees being planted one (1) per 50 linear feet. She stated in this case, the applicant is proposing one (1) per 40 linear feet, and .1 percent of additional open space; therefore, they have achieved the density bonus. She stated this automatically reflects deviations in lot dimensions. She added the PUDR section does not cap the residential density, it states the bonus is achieved under certain conditions. Councilmember Putnam asked staff why we approve up to this level, if the language states development shall not exceed 1.8 units, and with the density bonus in this development, it calculates at 2.94, as this variances creates this conflict within our own code. Director Nusser replied the section does not cap the residential density, and staff considered this as a transitional area between commercial and residential. City Council Minutes October 5, 2015 City of Colleyville Page 8 Councilmember Putnam stated he understands the concept of a transitional area, but all open land does not have to be developed, especially if it has the potential to adversely affect the surrounding neighbors. Mayor Kelly stated there are higher density products in this area that have been accepted by the community. Councilmember Putnam stated the neighbors disagree, and he stated he does not recall one neighbor who supports this request. Mayor Kelly stated there has to be a balance with what is appropriate. Councilmember Wollin stated the residents who live adjacent to this property on Emmas Court have opposed this, and that speaks loudly. Mayor Kelly stated the opposition for them was it is too close to their property. He stated they are proposing a 25 foot setback. Councilmember Wollin stated this extends too far from an R20 zoning district for a transitional area. Mayor Pro Tem Taylor stated the Villas at Colleyville and the Emerald Park subdivisions are all higher density products. He stated this is a residential piece of property, and the proposed product is consistent with the products at both the north and south ends. He further explained the development of this area. Councilmember Mogged stated as the population ages, this product allows persons to downsize; however, he added he has heartburn over this layout. He stated it is a very important transitional area, but at the same time, it needs to be like Colleyville. Mayor Kelly stated this being a PUDR, City Council has the ability and discretion to set the parameters of the PUDR. Mayor Kelly asked staff about the depth of the proposed lots. Mr. Bakintas replied 127 feet. Mayor Kelly stated with minimum development depth and foot requirements, other zoning districts will not be available. Mayor Pro Tem Taylor stated he stated he does not like alleyways, even with fencing, and if the box culverts are placed, the potential for mosquito breeding can occur. Councilmember Coplen asked staff about drainage. Public Works Director Jeremy Hutt replied there would be a portion of drainage to be conveyed through the street with an inlet structure at the end of the cul-de-sac. He stated this development would not be taking the creek flow into the street; this portion would be conveyed into the open space next to the proposed street. Mr. Bakintas further explained how the drainage works in this area. City Council Minutes October 5, 2015 City of Colleyville Page 9 Councilmember Wollin stated she would like to see some additional work completed for this development, such as transitional. She stated not being confident it fits. She stated having concerns about density, drainage, and the one- way-in-one-way-out street. Councilmember Wollin made a motion to deny without prejudice. Councilmember Mogged seconded the motion. The motion to deny without prejudice carried by the following vote: Aye: 6 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen Absent: 1 – Councilmember Jody Short 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-15-1971 Consideration of an amendment to the PUDC-Planned Unit Development Commercial zoning district on Lots 2, 53, and 54, of the Village at Colleyville, located at 18, 20, and 26 Main Street, Case ZC15-016 Mayor Kelly read the caption of Ordinance O-15-1971. Community Development Director Abra Nusser presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 8:53 p.m. Jeff Polk, 5705 Ponderosa Street, applicant, presented this item and briefed City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:58 p.m. Mayor Kelly stated the original design of this development is to be a walk-able development. He stated the revised angle parking was granted due to the retail uses versus service uses. He stated there is already angled parking to the east of the subject property. He stated having concerns for the appearance of angled parking at the entrance of this development. Mayor Pro Tem Taylor asked staff about the number of parking spaces. Director Nusser replied there are six parallel parking spaces to be replaced by six angled parking spaces. Mr. Polk replied there are actually five existing parking spaces. City Council Minutes October 5, 2015 City of Colleyville Page 10 Mayor Pro Tem Taylor asked Mr. Polk if the angled parking would actually be encroaching into his property. Mr. Polk replied yes. Mayor Kelly stated parallel parking was a design element of the Village and there have been no safety concerns with such. Councilmember Mogged asked Mr. Polk if there is an actual study that states angled parking is safer than parallel parking. Mr. Polk replied yes, and he stated he would present that at the next meeting. Mayor Kelly asked Mr. Polk to provide the proposed traffic volume with this use, especially since there will be the same number of parking spaces. Mayor Kelly asked Mr. Polk why the angled parking spaces to the east would not work. Mr. Polk replied the accessible entrance will front Main Street; therefore, the path of travel would be longer, and they would have to cross the street. Councilmember Putnam asked staff about the original intent of the angled parking along Mission Lane. Mayor Kelly replied those spaces were placed there since there could not be a building placed next to the creek, and it added more parking. Mayor Pro Tem Taylor asked Mayor Kelly if the median would stay. Mayor Kelly replied yes. Councilmember Wollin asked Mr. Polk about the angle for these parking spaces. Mr. Polk replied the same as currently exists further down, right at 45 degrees. Mayor Kelly asked Mr. Polk about the entrance to the back of the building, and if those parking spaces will be used by clients. Mr. Polk replied it is an accessible entrance; however, the reception area will be located in the front of the building. He stated the rear parking spaces will be used mostly for employees. Mayor Pro Tem Taylor asked Mr. Polk how they will be intentional about preserving those spaces for their customers. Mr. Polk replied the most we can do is state that no employees will not park there, but no signs can be placed on these spaces. Mayor Kelly stated having concerns for the appearance of the main entrance to the Village, with these parking spaces being angled. Mayor Pro Tem Taylor stated angled parking is rural, and it will not change the appearance. He stated it has been an improvement on Main Street. Mayor Kelly asked staff if these trees die, will the mitigation be to place them elsewhere. Director Nusser stated it is preferred to replace them in the parkway; however, if they cannot replace in the same number of caliper inches, they would City Council Minutes October 5, 2015 City of Colleyville Page 11 be required to make up the difference, somewhere in the open space, as part of the subject property. Mayor Kelly stated worst case scenario, they could mitigate by moving those trees elsewhere, and then there would no longer be a tree path. Mayor Kelly asked Mr. Polk if an arborist could look at these trees. Mr. Polk replied there is a letter in the packet from an arborist, which states the trees have a 50 percent survival rate. Mayor Kelly asked Mr. Polk if they have considered five angled parking spaces to leave more room for the trees. Mr. Polk replied yes, they considered that scenario; however, it would only accommodate one tree. Councilmember Wollin asked Mr. Polk if there will be a change in the elevation of the trees. Mr. Polk replied no, and added by removing the concrete on each side of the trees, the space will be enhanced for additional soil for the trees. Councilmember Wollin asked Mr. Polk about tree protection during construction. Mr. Polk stated the arborist has suggested a tree protection plan during construction. Director Nusser added the tree drip lines are to be secured with protective fencing during construction; however, staff is unsure if the drip line will be secured during the proposed construction. Councilmember Wollin asked Mr. Polk about the width of the parking area between the trees. Mr. Polk replied six or seven feet. This was a first reading; therefore, City Council did not take any action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-15-3916 A resolution nominating a candidate to the Tarrant Appraisal District (TAD) Board of Directors Mayor Kelly read Resolution R-15-3916 in its entirety. Mayor Kelly opened the public hearing at 9:19 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:19 p.m. Mayor Pro Tem Taylor made a motion to approve Resolution R-15-3916, nominating Mark Wood to the Tarrant Appraisal District Board of Directors. Councilmember Coplen seconded the motion. City Council Minutes October 5, 2015 City of Colleyville Page 12 The motion to approve carried by the following vote: Aye: 6 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen Absent: 1 – Councilmember Jody Short 7b Resolution R-15-3917 Consideration of appointments to the Planning and Zoning Commission Mayor Kelly read Resolution R-15-3917 in its entirety. Mayor Kelly opened the public hearing at 9:20 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:20 p.m. Councilmember Wollin made a motion to approve Resolution R-15-3917, appointing Carel Tornes - Place 5; Don Davis - Place 6; and Jason Elms - Place 7; to the Planning and Zoning Commission with a term expiring September 2017. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen Absent: 1 – Councilmember Jody Short 7c Resolution R-15-3918 Consideration of appointments to the Zoning Board of Adjustment Mayor Kelly read Resolution R-15-3918 in its entirety. Mayor Kelly opened the public hearing at 9:21 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:21 p.m. Councilmember Mogged made a motion to approve Resolution R-15-3918, appointing Dee McNosky - Place 4 and Raymond Allee - Place 5; to the Zoning Board of Adjustment with a term expiring September 2017. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: City Council Minutes October 5, 2015 City of Colleyville Page 13 Aye: 6 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen Absent: 1 – Councilmember Jody Short 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no discussion of this item. 9. REPORTS Planning and Zoning Commission Meeting Minutes - August 10, 2015 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 5, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3919 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Coplen motioned to adjourn. Mayor Kelly seconded. Mayor Kelly adjourned the City Council meeting at 9:22 p.m. APPROVED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 20TH DAY OF OCTOBER 2015. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary