Loading...
HomeMy WebLinkAboutCity Council-Minutes-12/1/2015 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 Tuesday, December 1, 2015 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion and update of the Pleasant Run Park practice field improvement project PC-2 Discussion and update on ambulance billing PC-3 Discussion of the December 1, 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 relative to vested rights Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Lincoln et al v. City of Colleyville 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 December 1, 2015 City of Colleyville Page 2 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Lee Johnson, Bear Valley Church 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-15-3932 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation recognizing the Grapevine High School Tennis Team - District 5A UIL State Champions - Coach Ryan Gillen and Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3933 4a Approval of the minutes of the regular City Council meeting of November 17, 2015 4b Approval of the Historical Preservation Committee bylaws 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-15-1972 Consideration of an amendment to the City of Colleyville comprehensive plan, Case GC13-028 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-15-3934 A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors 6b Resolution R-15-3935 Approval of changing the dates of the March 1 and 15; July 5; August 2; October 4; and November 1, 2016 regular City Council meetings City Council Agenda December 1, 2015 City of Colleyville Page 3 6c Resolution R-15-3936 Approval of a Memorandum of Understanding (MOU) for the construction of State Highway 26 from south of John McCain Road to Brown Trail 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Quarterly Investment Report for the quarter ended September 30, 2015 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 1, 2015- READING AND PUBLIC HEARING - RESOLUTION R-15-3937 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Wednesday, November 25, 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 Tuesday, December 1, 2015 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 1, 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, Communications and Marketing Director Mona Gandy, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Economic Development Director Marty Wieder, Colleyville Center Manager Leslie Hill, Finance Manager Karen Hines, Parks Manager James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley PC-1 Discussion and update of the Pleasant Run Park practice field improvement project Parks Manager James Hubbard presented this item and briefed the City Council. Councilmember Mogged asked staff if the four weeks impact the front end of the closure or the back end. Coordinator Hubbard replied it is actually two weeks in April in the front end, and two weeks in May at the back end. He added staff can work with the soccer association with the timing of the project. Mayor Kelly asked staff if this impacts the practice schedule. Coordinator Hubbard replied yes. Councilmember Mogged asked staff if the work is such that all three areas need to be done at the same time. Coordinator Hubbard replied the heavy dirt work will be done by a contractor and they will want to knock it out quickly because of the practice schedule. Councilmember Short asked staff if the lighted fields are less critical when the days are longer in the summer months. Coordinator Hubbard replied yes. Mayor Pro Tem Taylor asked staff about the contingency plan if the rough grading is done, and then we have a rain event like last May. Coordinator Hubbard replied City Council Minutes December 1, 2015 City of Colleyville Page 2 it would become difficult, and hard to plan for; however, staff would have to work around and through it. Mayor Kelly asked staff if the soccer association already has the available funds for the project, up front. Coordinator Hubbard replied yes, the $30,000 is committed. Mayor Kelly asked staff if this project will interrupt the timeframe of other projects. Coordinator Hubbard replied no, it would not delay other projects. Councilmember Short asked staff if the existing lighting would remain in place. Coordinator Hubbard replied correct, there are no lighting improvements; as it is very cost prohibitive. Councilmember Coplen stated being in favor of this project. Councilmember Putnam asked staff if the association is aware of the cost. Coordinator Hubbard replied yes. Councilmember Mogged asked staff if there would be anything getting in the way of the next steps, if funds become available. Coordinator Hubbard replied no. Councilmembers were in agreement to proceed with the practice field enhancements. PC-2 Discussion and update on ambulance billing Assistant City Manager/Director of Public Safety Mike Holder presented this item and briefed the City Council. Mayor Kelly stated one option is to reciprocate how other cities reciprocate with us. Mayor Pro Tem Taylor asked Mayor Kelly if he is suggesting going with the reciprocity process. Mayor Kelly replied yes. Councilmember Mogged stated it makes sense. He then asked Mayor Kelly what would be appropriate if a resident of another city owns or operates a business or owns property in Colleyville. Mayor Kelly replied we would have to go with the definition of a resident. Councilmember Short stated they do get an address. Councilmember Putnam stated it would be whether you are a taxpayer in Colleyville, as ad valorem is covering those services, and would not be balanced billed in this case. City Council Minutes December 1, 2015 City of Colleyville Page 3 Councilmember Short asked staff if other cities have considered the business owner scenario. Fire Chief Brian Riley replied it is based on home address. Mayor Kelly stated it is not where you work, but where you live. Councilmember Mogged asked staff about the $200,000 deficit and what would go away with the non-resident factor. Assistant City Manager/Director of Public Safety Mike Holder replied currently and with the proposed plan, the non-resident aspect would not change; it is only on the mutual aid routes, and on the high end about $30,000. He added it would average about two a month. Mayor Kelly stated the greater impact would be to balance bill all residents, then we would be above break-even. Councilmember Mogged stated being against balance billing residents. Mayor Kelly concurred. Councilmember Short asked staff if it is correct that a citizen without insurance is not billed. Assistant City Manager/Director of Public Safety Mike Holder replied correct, if the insurance does not cover, Colleyville does not bill the resident. Mayor Kelly added we do not collect from Colleyville residents. He added the same holds true for all NEFDA participants, Colleyville does not balance bill those residents within the NEFDA areas, but this is something we are considering. Mayor Pro Tem Taylor asked staff if we are actually billing the insurance companies, not the resident. Assistant City Manager/Director of Public Safety Mike Holder replied yes. Mayor Kelly asked City Councilmembers if they would like to match what other cities do to Colleyville. City Councilmembers agreed. Mayor Kelly asked City Councilmembers if they would like to maintain the current policy or change it to balance bill Colleyville residents. City Councilmembers agreed to maintain the current policy. PC-3 Discussion of the December 1, 2015, City Council regular agenda items Mayor Kelly stated he would like something in writing about incentive options with the contractor, relative to item 6c. Public Works Director Jeremy Hutt stated he recommends using the Turnback agreement, since it is between TxDOT and the City. He stated the MOU has other parties involved. Mayor Kelly stated he wants to ensure whatever has been verbally said, is also written. Councilmember Short asked staff about the change order, and how it is handled. Director Hutt replied if it is a change order with additional costs involved, outside of a City requested item, it would be handled proportionally with the funding City Council Minutes December 1, 2015 City of Colleyville Page 4 shares of the agreement. He stated there is a percentage amount, and he believes Colleyville is funding four percent of the entire project. He added it will depend on where the change order occurs within the project, but the costs would be distributed between the partners. Mayor Kelly asked staff what occurs if it is a change order based on a change of standard. Director Hutt replied it would be handled on the proportionate share of the funding; therefore, Colleyville would be responsible for about four percent. City Manager Jennifer Fadden stated the MOU states “that in the event that a party of the MOU requests a change that is not in the original design or scope, then that party will be solely responsible for the additional funds within applicable state and federal rules.” Councilmember Short asked staff if we spot something that does not look right, and request a change, then it is all on us. Director Hutt replied if it is an issue that is preventing the construction of the original project, he would argue that it would not be. Mayor Kelly stated we should not have to bear the cost of something they deem as a new standard. Director Hutt agreed. Councilmember Short asked staff who initiates and approves the change order. Director Hutt replied TxDOT would be the managing party on the project; however, we would have to sign off on all change orders. Mayor Kelly adjourned the Pre Council meeting at 6:02 p.m. 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, 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, Communications and Marketing Director Mona Gandy, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Economic Development Director Marty Wieder, Finance Manager Karen Hines, SH26 Project Coordinator James Hubbard, 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 City Council Minutes December 1, 2015 City of Colleyville Page 5 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 relative to vested rights Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Lincoln et al v. City of Colleyville 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 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 6:02 p.m. and reconvened at 6:03 p.m. INVOCATION: Pastor Lee Johnson, Bear Valley Church 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-15-3932 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 Mogged applauded and expressed his appreciation to the Colleyville Police Department for their success in apprehending the suspect in the Colleyville bank robbery on Colleyville Boulevard. City Council Minutes December 1, 2015 City of Colleyville Page 6 Councilmember Mogged announced the Colleyville Lions Club annual Breakfast with Santa, Saturday, December 5 from 7:00 a.m. to 11:00 a.m. at Colleyville Center. He encouraged everyone to attend and donate one can of food for GRACE, or a pair of old eyeglasses for the Lions Recycle for Sight, or an old computer for the sight and care for the blind. Councilmember Wollin announced the Colleyville Woman’s Club 31st Holiday Home Tour to be held on Sunday, December 6, from 11:00 a.m. to 5:00 p.m. Mayor Kelly encouraged everyone to attend the annual Tree Lighting Celebration on December 4, in front of City Hall, from 5-8 p.m. Mayor Kelly stated this year’s event includes the tree lighting at 5:30 p.m., children’s crafts and activities, choral groups, and photos with Santa. Mayor Kelly encouraged all Colleyville residents in grades 2-7 to enter the Mayor for a Day contest beginning now until Monday, December 7. He stated all information relative to this contest is on Colleyville’s website at www.colleyville.com. Proclamation recognizing the Grapevine High School Tennis Team - District 5A UIL State Champions - Coach Ryan Gillen and Mayor David Kelly Mayor Kelly recognized and presented a proclamation to Coach Ryan Gillen and members of the Grapevine High School Tennis Team for their 5A UIL State Championship. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3933 4a Approval of the minutes of the regular City Council meeting of November 17, 2015 4b Approval of the Historical Preservation Committee bylaws Mayor Kelly read Resolution R-15-3933 in its entirety. 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. Councilmember Wollin made a motion to approve Resolution R-15-3933. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: City Council Minutes December 1, 2015 City of Colleyville Page 7 Aye: 7 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-15-1972 Consideration of an amendment to the City of Colleyville comprehensive plan, Case GC13-028 Mayor Kelly read the caption of Ordinance O-15-1972. Community Development Director Abra Nusser and Jim Carillo, Halff & Associates, provided an update and briefed the City Council. Mayor Kelly opened the public hearing at 8:08 p.m. Lenonna Nichols, 1017 Murphy Road spoke in support of this item. Rick Paddock, 206 Mill Valley Drive, stated no vote should be taken without public view and comment of the updates to the plan. Kathleen Hennessey, spoke for Nancy Rogers, 1612 Cherry Lane, and stated having concerns about density, drainage, no central or south parks, classification of residential properties as commercial, and large developments. Kathy Hadley, 204 Timberline Drive North, spoke in opposition with concerns for higher density and wider sidewalks. Joel Stanley, 1609 Douglas, spoke in opposition with concerns for density and the density bonus. Janet Suedmeier, 2301 Mulberry Court, expressed her appreciation to City Council and their efforts to listen to citizens. She stated she appreciates the amendments made to the plan, but spoke in opposition to any higher density. Doug McRae, 6412 Cutter Ridge, spoke in opposition to the McDonwell School Road extension with concerns for commuter traffic. Karen Deakin, 4828 Lakeside Drive, spoke in support of the plan. Jerry Nanson, 411 McDonwell School Road, spoke in opposition to the McDonwell School Road extension. Lawrence Worley, 6401 Cutter Ridge Court, spoke in opposition with concerns for density and the planned expansion of McDonwell School Road. City Council Minutes December 1, 2015 City of Colleyville Page 8 Lynnette Stanley, 1101 Lavaca Trail, spoke in opposition with concerns for density. James Day, 805 Shelton Drive, spoke in opposition with concerns for density, and stated the plan should be put in writing so all citizens could see the amendments made to the plan. Lisa Mitchell, 504 McDonwell School Road, spoke in opposition to the extension of McDonwell School Road, and stated a roundabout should be considered at Pleasant Run Road and McDonwell School Road. Robert McCann, 5604 Lowrie Road, spoke in opposition with concerns for staff having to make planning decisions, and stated the minimum size lot should be clearly defined to eliminate any loopholes. Wayne Maynard, 3004 Edgewood Lane, spoke in support of the request, and applauded City Council for everything they have accomplished so far. Chris Cantarella, 6600 Pleasant Run Road, spoke in opposition with concerns of higher density and the extension of McDonwell School Road. John Perkins, 109 W. McDonwell School Road, spoke in opposition with concerns of higher density and the extension of McDonwell School Road. David Medlin, 605 Montreux Avenue, spoke in opposition with concerns of higher density and increased traffic. He stated he supports the amendments made to the plan relative to 1.8 dwelling units per acre. Lola Lawrence, 4105 Greenway Court, spoke in opposition with concerns for higher density and meeting notification methods. She stated being supportive of the efforts made to the amendments to the plan. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition with concerns for higher density and drainage. Jon Bullock, 5808 Bettinger Drive, spoke in support of the amendments to the plan and thanked City Council for their service. Mike Leathers, 6300 Emerald Drive, spoke in support of the plan. Jim Fletcher, 1108 Nueces Court, spoke in support of the plan and thanked City Council for their service. Mark Bauer, 609 Colts Neck Court, spoke in support of the plan and complimented City Council on their decisions. City Council Minutes December 1, 2015 City of Colleyville Page 9 Louis Miller, 7802 Tillman Hill Court, spoke in support of the plan and thanked City Council and all board members for their service to the City. Mark Henderson, 302 Oaklawn Drive, spoke in support of the plan and commended City Council for their efforts. Tim Kenney, 2902 Highgrove Court, spoke in opposition with concerns for density and stated the plan should be voted on by the citizens. George Dodson, 7309 Balmoral Drive, spoke in opposition with concerns for the definition of transition and stated the plan should be voted on by the citizens. Susan Baum, 2302 Danbury Drive, spoke in support of the 1.8 dwelling units per acre, but is opposed to the extension of McDonwell School Road. Tom Hart, 1717 Avondale, spoke in support of the plan and the amendments. Melissa McConnell, 1717 Avondale, spoke in support of the plan and the amendments. She expressed her appreciation to City Council for their service. Bobby Lindamood, 4913 Jim Mitchell Trail W., spoke in opposition to higher density and the extension of McDonwell School Road. He expressed his appreciation of the amendments made to the plan, but with concerns about it being loose. Teresa Rutherford, 7413 Windswept Trail, spoke in support of the plan, and commended City Council for their work over the years. Frank Genco, 1104 John McCain Road, spoke in opposition with concerns for higher density. Richard Newton, 1208 Holly Lane, spoke in opposition with concerns for higher density. He expressed his appreciation to City Council for their service and offered a suggestion for a table to be added to the plan. He also suggested having the transitional areas located on the map. Joe Moore, 133 Acuff Lane, spoke in support of the plan and amendments, and thanked City Council for their service. The following persons did not wish to speak, but did wish to register their opposition: John and Rachel Donnell, 5712 Sycamore Drive; Angela Krupp, 3305 Park View Court; Kirstin Herrera, 5104 Green Hill Lane; JC Richabaugh, 5801 Hunter Trail; Virginia Tice, 5801 Hunter Trail; Joyce Nelson, 5800 Hunter Trail; Arnie Nelson, 5800 Hunter Trail; Leanne Southerland, 3612 San Bar Lane; Theresa Fay, 2905 Hickory Hill; Daisy Braswell, 6512 Westcoat Drive; Dan Braswell, 6512 Westcoat Drive; Mickey Harris, 109 W. McDonwell School Road; Marshall Sligar, City Council Minutes December 1, 2015 City of Colleyville Page 10 5600 Ponderosa; Brandi Sligar, 5600 Ponderosa; Anthony Seris, 5000 Montclair Drive; Glenn Means, 6760 St. Moritz Parkway; Sarah Gunnip, 609 Montreux Avenue; Rebecca Munsell, 3302 Fox Glen Drive; Treva Smith, 708 Saddlebrook Drive; Brian O’Regan, 513 Beverly Drive; Kristen O’Regan, 513 Beverly Drive; J. Harden Knox, 5134 Heritage Oaks Drive; Jami Knox, 5134 Heritage Oaks Drive; Barbara Cook, 6500 Cutter Ridge Court; Colin McLaughlin, 517 Sophie Lane; Steve Cook, 6500 Cutter Ridge Court; Kristin McLaughlin, 517 Sophie Lane; Julia White, 2904 Hickory Hill; Kraig Steubing, 5603 Ponderosa Street; Thomas Tedder, 7907 Jefferson Circle; Stephanie Tedder, 7907 Jefferson Circle; Scott and Barbara Frechette, 6748 St. Moritz Parkway; William Brecht, 2508 Highland Meadows; Jennifer Brecht, 2508 Highland Meadows; Samuel Van Bever, 4105 Crest Court; Keath Hance, 6504 Cutter Ridge Court; Charles Netherton, 4105 Crest Court; Larry and Judy Chappell, 1716 Glade Road; Thomas Bauch, 4201 Shadow Ridge; Cheri Moore, 1017 W. Murphy Road; David Westrick, 4105 Crest Court; Jeffrey Kissell, 410 McDonwell School Road; Kerin Cantarella, 6600 Pleasant Run Road; Karen Wilson, 100 Timberline Drive; Scott Gunnip, 609 Montreux Avenue; Catherine Day, 805 Shelton; Dinah Stephens, 612 Shelton Drive; Bill Stephens, 612 Shelton Drive; Tami Lindamood, 4913 Jim Mitchell Trail W.; George Mitchell, 504 McDonwell School Road; Daniel Garrison, 6401 Westcoat Drive; Malinda Warden, 508 McDonwell School Road; Jean Threlkeld, 5805 Hunter Trail; Mai Sharaf, 7401 Jo Will Street; Sean Buchholtz, 7401 Jo Will Street. The following person did not wish to speak, but did wish to register his support: Larry Stewart, 2601 Highland Park Court. The following persons did not wish to speak, and did not register support or opposition: Iris Graves, 516 Shelton; Randal Graves, 516 Shelton. There were no others wishing to speak and Mayor Kelly closed the public hearing at 10:32 p.m. Mayor Kelly recessed the regular meeting at 10:32 p.m. Mayor Kelly reconvened the regular meeting at 10:42 p.m. Mayor Kelly asked staff if what is being proposed in this plan is the same residential standard started with in the 1998 plan and again in the 2004 plan of 1.8 dwelling units per acre (dua). Director Nusser replied yes. Mayor Kelly asked staff if the only difference is where a higher density area, or transitional area, or where something would be more dense than the 1.8 dua, the proposed plan is actually making it more restrictive than the 1998 or 2004 plans. Director Nusser replied yes, staff has removed two criteria, one being the major intersections and the other being for smaller parcels that are economically difficult. City Council Minutes December 1, 2015 City of Colleyville Page 11 Councilmember Putnam asked Mayor Kelly if the language in the 1998 plan was created specifically for the Village development. Mayor Kelly replied no, it was the Colleyville comprehensive master plan adopted for the entire community. Councilmember Putnam asked staff why the Village is not included on the small lot development chart and discussed in the same context as these other development. Director Nusser replied the Village development is a Planned Unit Development Commercial (PUDC) zoning designation and viewed as a commercial district with a residential component. She stated the chart is just a snapshot of the recent zoning approvals since 1996, and the only types of zoning designations on this chart are Planned Unit Development Residential (PUDR). Councilmember Putnam asked staff about the material changes in the density standard calculations, from the previous version, and if the Village was contemplated in those numbers or not. Director Nusser replied the neighborhood densities were done by a parcel density basis and yes, the Village was incorporated. Councilmember Putnam asked staff to show him the specific formula or where in the plan it exists, which incorporates the Village development in the revised density numbers. He added we can say we are making it more restrictive; however, the definition has changed of what density is, and the formula to calculate it has been changed. He questioned how we can move forward when it is still a moving target. Mayor Kelly stated this is not a technical document, but a visionary document. He added in 1998 City Council developed a PUDR zoning designation to allow for consideration of greater density areas, where appropriate. Councilmember Putnam asked Mayor Kelly if the formulas and the definition of density have been changed since September 1, 2015. Mayor Kelly asked how that affects the master plan when the same encompassing 1.8 dua is used, as previously established in 1998 and reaffirmed in 2004. Councilmember Putnam stated the definition of density and the formula needs to be firmed up in moving forward. Councilmember Short asked staff if the Land Development Code provides specifics for defining density when City Council is considering or measuring developments, and the comprehensive plan document provides descriptive language of the character of the overall City. He then stated the different descriptive language and formulations do not affect our definitions of a particular development in the Land Development Code. He further asked staff if he is accurate in terms of describing how we measure a particular development. Director Nusser replied correct, and stated there are multiple ways to calculate density. She stated City Council decided to provide net density and gross density on the chart to be clear and transparent in the decision making process. She stated net density does not include right-of-way, and gross density includes right-of-way. City Council Minutes December 1, 2015 City of Colleyville Page 12 Councilmember Putnam stated he would argue that those should have been voted on and made available by public hearing. Mayor Kelly stated he did not recall any objections at the workshop. Councilmember Putnam stated it was unknown at that time what the impact was going to be, in terms of this conversation. Director Nusser clarified that gross density (includes right-of-way) is the number of residential parcels proposed divided by the number of the gross acres for the project. Councilmember Putnam suggested there should be a common definition and common formula with a common baseline agreed to by City Council, and second he would like the transitional areas be plotted on the future land use map so the citizens can see those areas and understand the impact to their neighborhood. Mayor Pro Tem Taylor asked staff what happened to the PUD-MXD zoning as approved for the Village in 1999. Councilmember Putnam asked to bring Mr. Newton for questioning. Councilmember Putnam asked Mr. Newton about the intent of passing the zoning in 1999. Mr. Newton replied he was Mayor at that time; however, the Mayor did not vote at that time. He stated he signed all ordinances and resolutions because he was the Mayor. He stated depending on the vote, he did veto a number of things while being Mayor. He stated he was not a proponent of the Village, but a condition of what percentage could be residential and commercial was met because his concern was that it would all become residential. He stated the Village was a hot topic at that time, and those changes were pushed, and the reason some of those changes were made. Mayor Pro Tem Taylor asked staff what happened to the zoning, and where are these numbers in the overall density. Councilmember Putnam stated they were not in the chart, but asked if they were factored into the plan numbers over the last two weeks. Director Nusser replied she did not have the exact dates on when the zoning districts were changed, the Village is zoned PUDC and it has residential and commercial components. She stated right now when an application comes in, and both components are there, staff has asked for legal descriptions for both the residential and commercial sides. She stated with the Village, with commercial footprints on the ground, as a mixed use district, it is common, in the zoning industry to lean toward the commercial side, and that is why it is zoned a PUDC. She added in terms of the density numbers, during the last meeting it was discussed that there are a couple of different ways to calculate density, by using parcels or residential meters. She stated residential meters can sometimes result in a higher density since more than one residential meter can be present on a single parcel. She stated staff will be happy to provide that data. She added Mr. Newton provided in his comments and suggested a table with raw data, to make calculations, and staff is fine in doing that also. City Council Minutes December 1, 2015 City of Colleyville Page 13 Councilmember Putnam stated because that 1.8 number can be different, depending on the formula and definition, we should agree on that definition because it affects the actual density, not just the 1.8 number. Mayor Kelly stated there are other higher density developments that are not on the chart because they were straight zoning. Councilmember Putnam stated they were not subject to the PUD. Councilmember Putnam stated we have to agree on the definition, and the transition areas be defined and what is appropriate for them. Mayor Kelly stated this is a visionary document, but other changes may need to be made to the other codes, just as was done in 1998 and 2004. Councilmember Putnam stated the wording has changed and questioned if the intent has changed. Mayor Kelly replied the intent has not changed. Councilmember Putnam asked Mayor Kelly, relative to the amount of material changes made, if the plan will go back to the Comprehensive Plan Advisory Committee and the Planning and Zoning Commission for their review. Mayor Kelly replied they are only a recommending body, and they made their recommendations. Councilmember Wollin stated she was concerned with the previous version because it did not look and feel like Colleyville. She stated she agreed on tightening up the transition areas to make it more like us. She stated she would like to continue this discussion so that citizens have time to read and comment on this version, especially since it was sent out last Wednesday, and then the Thanksgiving holiday occurred. She stated it is very important to get buy-in on this version. Councilmember Short stated he has heard and understands the desire to identify and define transitional areas, but there is a concern and potential hazard, if we tag a transitional area, and then someone comes along with a great commercial area, but it cannot be developed because it is already tagged as a transitional area; or what about the home that wants to come in on a five-acre tract, but it has also been tagged as a transitional area. He stated as it is currently defined as between commercial and lower density areas, it leaves flexibility for those other instances to happen. Councilmember Coplen stated it is a guiding document, not a technical or coded document, as it has been for 20 years. She suggested the Land Development Code should be on a Pre Council discussion, as soon as it can, after the adoption of this plan. She stated that will allow for a tighter document for staff, the Planning and Zoning Commission, and City Council to base their decisions and solve these questions. City Council Minutes December 1, 2015 City of Colleyville Page 14 Councilmember Coplen asked staff about the last update to the Land Development Code. Director Nusser replied there were recent updates made to the tree preservation chapter. Mayor Kelly added different portions are updated periodically. Councilmember Coplen stated the code needs to be updated as soon as possible. Mayor Kelly stated that is all indicative on adoption of the plan. Councilmember Coplen stated that is the technical part of the plan to define the standard of the 1.8 to keep it and make it tighter. Councilmember Mogged stated the amendments removed any ambiguity relative to the density level and it makes it read clearer. He stated being in favor of moving towards the level of dealing with the technical specifics of the policy and vision statement. He stated delaying the plan does not get us more understanding to get to that level. Councilmember Mogged asked staff if there is any ambiguity of how gross density is defined. Director Nusser replied the policy, as proposed in the plan, is 1.8 dwelling units per gross acre, right-of-way included. She stated the densities discussed in Chapter 6 are not policy, they are existing conditions, snapshots to reflect the existing density in those neighborhoods. She stated those calculations are different than the policy in terms of what they reflect. Mayor Kelly made a motion to approve Ordinance O-15-1972. Mayor Pro Tem Taylor seconded the motion. Councilmember Wollin stated she would like to continue this for another two weeks to allow more time for people to read the plan. Councilmember Mogged asked Councilmember Wollin what she could see happening in the two week delay. Councilmember Wollin replied it would give the public time to see what the current version says and voice their concerns. Mayor Kelly asked staff how long the draft has been on the website. Director Nusser replied the public hearing draft was posted online on November 6, in advance of the Planning and Zoning Commission meeting, with another draft before that, with the same density language. Councilmember Wollin stated two more weeks allows people to provide more feedback without the anger and distrust. Councilmember Mogged asked Mayor Kelly for a privileged motion to continue this item. Mayor Kelly stated being open to continuing this item without a public hearing. Councilmember Wollin stated she would like to know if there are other concerns that have not been addressed. City Council Minutes December 1, 2015 City of Colleyville Page 15 Councilmember Short asked staff if City Council’s email address will be active during this two week timeframe to receive input. Mayor Kelly replied yes, they have always been active. Mayor Pro Tem Taylor withdrew his second, and stated he would like for this item to be voted on before Christmas so that everyone can enjoy their holiday. Mayor Kelly amended his previous motion to continue Ordinance O-15- 1972 to the December 15, 2015, meeting without a public hearing. Councilmember Coplen seconded the motion. Councilmember Wollin stated she would like to continue the public hearing. Councilmember Putnam stated not being in favor of limiting public comment. Councilmember Short asked Mayor Kelly if a public hearing could be requested in two weeks, even under the same motion. Mayor Kelly replied yes. Councilmember Mogged stated if we are delaying the item for one more session, then we should allow the normal discussion. Mayor Kelly amended his previous motion to continue Ordinance O-15- 1972 to the December 15, 2015, meeting with a public hearing. Councilmember Coplen accepted the amendment and seconded the motion. The motion to continue to the December 15, 2015, meeting with a public hearing, was approved by the following vote: Aye: 7 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen City Manager Jennifer Fadden stated she did not note anything that needed further clarification by the City Council for the next meeting. Mayor Pro Tem Taylor replied this is a review period. Councilmember Putnam stated he made suggestions. Mayor Kelly replied this is a review period based on Councilmember Wollin’s recommendation for the residents to read the document as it is being promoted after the red lines and corrections (current version). 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-15-3934 A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors City Council Minutes December 1, 2015 City of Colleyville Page 16 Mayor Kelly read Resolution R-15-3934 in its entirety. Mayor Kelly opened the public hearing at 11:43 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 11:43 p.m. Mayor Pro Tem Taylor made a motion to approve Resolution R-15-3934. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 6b Resolution R-15-3935 Approval of changing the dates of the March 1 and 15; July 5; August 2; October 4; and November 1, 2016 regular City Council meetings Mayor Kelly read Resolution R-15-3935 in its entirety. Mayor Kelly opened the public hearing at 11:46 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 11:46 p.m. Councilmember Putnam made a motion to approve Resolution R-15-3935. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 6c Resolution R-15-3936 Approval of a Memorandum of Understanding (MOU) for the construction of State Highway 26 from south of John McCain Road to Brown Trail Mayor Kelly read Resolution R-15-3936 in its entirety. Public Works Director Jeremy Hutt briefed the City Council. Mayor Kelly opened the public hearing at 11:52 p.m. City Council Minutes December 1, 2015 City of Colleyville Page 17 Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the construction project of SH26. There was no one else present wishing to speak and Mayor Kelly closed the public hearing at 11:55 p.m. Mayor Pro Tem Taylor asked staff if the signals at John McCain and Longwood would be part of the Turnback agreement, as he did not recall that being a part of the agreement. Director Hutt replied the City of Colleyville’s intention has been the next phase of construction, from John McCain Road to Brown Trail, with some past discussion of the MOU, TxDOT wants the entire portion of SH26 in the City limits to be included in the Turnback portion. He explained that was not the intention, but a mutual agreement was accepted if the City would be willing to take over the maintenance of the signals in the current section under construction, which includes the intersections at John McCain Road and Longwood. He stated TxDOT would limit the Turnback agreement of the roadway to the newly constructed section of roadway. Mayor Pro Tem Taylor asked staff about the striping of the roadway, from a four to six lane. Mayor Kelly stated it is being amended, but it must be accepted by the federal government. He added if in three years the federal government has not updated the 2040 mobility plan, then the roadway will be four lanes, under the old plan. He stated this is for clarity purposes. Councilmember Putnam asked Mayor Kelly how the plan influences whether SH26 is four or six lanes. Mayor Kelly replied currently it is four lanes. Director Hutt added there was an amendment in 2014 to the 2035 Mobility Plan, with the four lane scenario, and by moving forward with the six lane scenario, we are currently in a different cycle than the amendments. He stated in order to have the funding allocated for this project, there has to be language included in the MOU to cover that situation, we would then still have to comply with the four lane scenario. Mayor Kelly stated it is unlikely the federal government will not update the plan. Councilmember Putnam asked Mayor Kelly if the roadway is going to be built to six lanes, but only striped to four lanes. Mayor Kelly replied it will be built to six lanes, but if the federal government takes over three years to update the plan, then the roadway would only be striped for four lanes. Councilmember Short asked Mayor Kelly about who would be responsible for striping the roadway, initially. Mayor Kelly replied we would not accept the roadway until it is six lanes. Mayor Pro Tem Taylor stated he understands; however, if this happens, it will be ridiculous to stripe to four lanes, and then come back and restripe to six lanes. City Council Minutes December 1, 2015 City of Colleyville Page 18 As the time had reached midnight, Mayor Kelly made a motion to continue the discussion. All approved unanimously. Councilmember Mogged made a motion to approve Resolution R-15-3936. Councilmember Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, stated having concerns about flexibility in the Land Development Code, and suggested City Council should be flexible with Colleyville businesses. David Medlin, 605 Montreux Avenue, stated he appreciated the input received about the comprehensive plan with concerns of trust. Bobby Lindamood, 4913 Jim Mitchell Trail West, filled out a speaker card; however, did not wish to speak. 8. REPORTS Quarterly Investment Report for the quarter ended September 30, 2015 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 1, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3937 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Coplen motioned to adjourn. Mayor Kelly seconded. Mayor Kelly adjourned the meeting at 12:07 a.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF DECEMBER, 2015. City Council Minutes December 1, 2015 City of Colleyville Page 19 Minutes taken and prepared by: Amy Shelley, TRMC City Secretary