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HomeMy WebLinkAboutCity Council-Minutes-1/5/2016 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, January 5, 2016 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Update of Colleyville Police Department Community Policing efforts PC-2 Discussion of the January 5, 2016, 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 - 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City Council Agenda January 5, 2016 City of Colleyville Page 2 INVOCATION: Counselor in the Bishopric Ed Smyth Church of Jesus Christ of Latter-day Saints - Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. OATH OF OFFICE - Coleman Elam, Mayor for a Day 3. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-16-3949 4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Coleman Elam, Mayor for a Day - Mayor David Kelly Proclamation declaring January 8, 2016, Thank a Teacher Day at Colleyville Middle School - Colleyville Middle School Principal Ryan Martin - Mayor for a Day Coleman Elam 5. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3950 5a Approval of the minutes of the regular City Council meeting of December 15, 2015 5b Approval of an amendment to the comprehensive Five-Year Capital Improvement Program for Fiscal Years 2016-2020 5c Approval to ratify the nomination of Mayor David Kelly to serve on the North Central Texas Council of Governments (NCTCOG) Emergency Preparedness Planning Council (EPPC) 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-16-1973 Consideration of a zoning change from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district on Lot 1 of the Miles Addition, located at 6480 Pool Road, Case ZC15-018 City Council Agenda January 5, 2016 City of Colleyville Page 3 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-16-3951 Approval of a resolution prohibiting the open carrying of a firearm into a posted open meeting 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 5, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3952 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, December 31, 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, January 5, 2016 City Council Chambers Mayor David Kelly introduced Mayor for a Day Coleman Elam and called the Pre Council meeting of the Colleyville City Council to order on January 5, 2016, at 5:31 p.m. ROLL CALL: Mayor David Kelly, Mayor for a Day Coleman Elam, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Nancy Coplen Absent: Councilmember Chris Putnam City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, 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, Chief Financial Officer Brian Hogan, Finance Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Ben Stool, and City Secretary Amy Shelley PC-1 Update of Colleyville Police Department Community Policing efforts Assistant Police Chief Robert Hinton presented this item and briefed the City Council. Councilmember Wollin expressed her appreciation to the police department and to the detectives for the educational program of protecting yourself against identity theft. She stated it was a well-attended and valuable service to our citizens. Mayor Pro Tem Taylor expressed his appreciation to the police department for their guidance in a recent credit card theft he experienced. PC-2 Discussion of the January 5, 2016, City Council regular agenda items There was no discussion of this item. Mayor Kelly adjourned the Pre Council meeting at 5:41 p.m. City Council Minutes January 5, 2016 City of Colleyville Page 2 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 for a Day Coleman Elam, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Nancy Coplen Absent: Councilmember Chris Putnam City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, 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, Chief Financial Officer Brian Hogan, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Ben Stool, 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 - 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 5:42 p.m. and reconvened at 5:42 p.m. City Council Minutes January 5, 2016 City of Colleyville Page 3 INVOCATION: Counselor in the Bishopric Ed Smyth Church of Jesus Christ of Latter-day Saints - Colleyville PLEDGE OF ALLEGIANCE: Assistant City Attorney Ben Stool 2. OATH OF OFFICE - Coleman Elam, Mayor for a Day City Secretary Amy Shelley administered the Oath of Office to Mayor for a Day Coleman Elam. 3. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-16-3949 This resolution was not needed. 4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin shared a historic event relative to Colleyville’s incorporation from the Colleyville Then and Now book. She stated Sunday, January 10, 2016, marks the 60th anniversary of Colleyville becoming a City. She stated it was a desirable place to live and raise a family then, and although 60 years have passed, it remains a desirable and top quality City. Proclamation in recognition of Coleman Elam, Mayor for a Day - Mayor David Kelly Mayor Kelly presented Mayor for a Day Coleman Elam, with a proclamation, the Key to the City, and a collection of items from City departments representative of his day in office. Proclamation declaring January 8, 2016, Thank a Teacher Day at Colleyville Middle School - Colleyville Middle School Principal Ryan Martin - Mayor for a Day Coleman Elam Mayor for a Day Coleman Elam presented Colleyville Middle School Assistant Principal Travis Niemeyer with a proclamation declaring January 8, 2016 as Thank a Teacher Day at Colleyville Middle School. 5. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3950 City Council Minutes January 5, 2016 City of Colleyville Page 4 5a Approval of the minutes of the regular City Council meeting of December 15, 2015 5b Approval of an amendment to the comprehensive Five-Year Capital Improvement Program for Fiscal Years 2016-2020 5c Approval to ratify the nomination of Mayor David Kelly to serve on the North Central Texas Council of Governments (NCTCOG) Emergency Preparedness Planning Council (EPPC) Mayor Kelly read Resolution R-16-3950 in its entirety. Strategic Services Manager Adrienne Lothery presented and briefed City Council on item 5b. Councilmember Wollin stated it is really nice that we can partner with the county in providing better roads for our community at a lower cost. She further stated she appreciates their partnership. Councilmember Mogged asked staff if a schedule will be published with these new changes. Public Works Director Jeremy Hutt replied staff is currently working with Tarrant County to finalize their schedule as they are working with several other cities at this time. He stated we expect to have the Interlocal Agreement in the near future for City Council’s consideration. He added the Western Trails project is scheduled to begin this month. Mayor Kelly opened the public hearing at 7:52 p.m. David Mullins, 5904 Bettinger Drive, spoke in opposition to item 5a with concerns for the recently approved comprehensive plan. There were others present wishing to speak and Mayor Kelly closed the public hearing at 7:56 p.m. Mayor Kelly made a motion to approve Resolution R-16-3950. 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, Jody Short, and Nancy Coplen Absent: 1 – Councilmember Chris Putnam City Council Minutes January 5, 2016 City of Colleyville Page 5 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-16-1973 Consideration of a zoning change from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district on Lot 1 of the Miles Addition, located at 6480 Pool Road, Case ZC15-018 Mayor Kelly read the caption of Ordinance O-16-1973. Community Development Director Abra Nusser presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 8:00 p.m. Charles Stark, 6221 Southwest Boulevard, Fort Worth, applicant, presented this item and briefed the City Council. Anthony Horton, 2612 Independence Road, spoke in opposition to this request with concerns of moving forward too quickly with this project. Stuart Gardner, 6000 Montford Drive, and on behalf of the Highland Meadows Homeowners Association, spoke in opposition to this request with concerns of flooding and moving forward too quickly with this project. Sue Reed, 2512 Independence Road, and on behalf of the Heritage Colony Homeowners Association, spoke in opposition to this request with concerns of the loss of mature trees, higher density, the loss of open space, and the loss of the rural atmoshpere. The following persons did not wish to speak, but did wish to register their opposition: Brian Matlock, 2508 Independence Road; G.L. Reed, 2512 Independence Road; Mark and Aleisha Gravit, 2608 Independence Road; John and Rachel Donnell, 5712 Sycamore Drive; Richard and Mary Ruocchio, 2516 Independence Road; and Bob and Tara Riley, 2600 Independence Road. The following person did not wish to speak, but did wish to register his support: Mark Caffey, 6480 Pool Road. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:17 p.m. Mayor Kelly asked staff if this is a straight zoning application which City Council has no discretion of lot layout or size. Director Nusser replied yes, the proposed lot configuration is not to be attached in any way, only the proposed zoning district is to be considered. City Council Minutes January 5, 2016 City of Colleyville Page 6 Mayor Kelly asked staff if the zoning is approved, will all items such as lot dimensions, street, and drainage requirements will have to meet the prescribed code requirements. Director Nusser replied yes. Mayor Kelly asked staff if an engineered drainage plan will be required to ensure the area is not impacted by more than what is currently being provided by drainage. Director Nusser replied correct, and would be handled during the platting stage. Mayor Kelly asked staff if the wildlife is covered under federal regulations. Director Nusser replied correct, Colleyville does not have jurisdiction for that topic. Mayor Kelly asked Mr. Stark about considerations given for the adjacent school’s concerns. Mr. Stark stated they are proposing to install a wrought iron fence along that side, as they do not want this street to become a pick-up and drop-off location for parents. Councilmember Short asked staff about next steps with this project. Director Nusser replied if zoning is approved, the next step would be the review of a plat application to ensure boundaries, lot dimensions, drainage, etc. would meet the Land Development Code requirements. She stated after the plat is approved, they could begin work on the property to prepare for the building permit process, which includes items such as inspections. Mayor Kelly stated approving the zoning does not approve the site plan. Director Nusser concurred. Mayor Kelly asked staff if this property is currently zoned agricultural. Director Nusser replied yes. Mayor Kelly asked staff if there were other surrounding properties in which their zoning was agricultural before they were zoned R20, such as Heritage Colony. Director Nusser replied not knowing the zoning before or when it was zoned, but typically an R20 zoning district would not be there at the City’s inception. Mayor Kelly added he would like to know the previous zonings for the Glenhope Addition, Highland Meadows Addition, and the Heritage Colony Additions. Councilmember Wollin asked staff if an R20 zoning district is required to have open space. Director Nusser replied no, open space is not required. She added there will be some drainage areas, but not open space. Councilmember Wollin stated being concerned about this being a straight zoning request. She stated she would like for this to be a PUDR to better control things and be able to have the residents in the area to have more input with what they City Council Minutes January 5, 2016 City of Colleyville Page 7 want. She stated she would like to see some of the open space retained, with maybe a retention/detention pond to help with the drainage. Mayor Kelly asked staff in terms of addressing drainage what the applicant has to do on an R20 designation. Director Nusser replied engineered drawings would be submitted for staff to review any potential site issues. Mayor Kelly stated Heritage Colony, Glenhope, and Highland Meadows Additions would have had to have addressed those same drainage issues, if there were any. Director Nusser replied correct. Public Works Director Jeremy Hutt added staff would review the drainage plans to not allow any increased run-off from the subject property and how the water is conveyed to other properties, as set forth in the Land Development Code. Mayor Pro Tem Taylor stated the subject property is not currently located in a designated FEMA floodplain area. He then asked staff if the subject property is currently experiencing watershed. Director Hutt replied the property does have water conveyance, and when the new street is built, the water would have to be collected. Mayor Pro Tem Taylor asked staff if the water collected from the street would then be taken underground. Director Hutt replied yes. Mayor Kelly asked staff about undeveloped property and engineered drainage. Director Hutt replied there are no City requirements for undeveloped property; however, if the land is modified, then staff looks at how the development impacts the surrounding properties. He stated at the time of development, staff looks at how to correct any issues. Mayor Kelly asked staff if water is directed to available facilities with engineered drainage. Director Hutt replied yes. Councilmember Mogged asked staff if there are safety implications for subdivisions with opposing streets, such as the one located across the street in Grapevine. Director Hutt replied the Land Development Code contains criteria, and it would be considered during the review process. He stated a median separation could be considered to separate the two streets, without a median, we prefer those streets to align. This was a first reading, therefore, City Council did not take any action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-16-3951 Approval of a resolution prohibiting the open carrying of a firearm into a posted open meeting City Council Minutes January 5, 2016 City of Colleyville Page 8 Mayor Kelly read Resolution R-16-3951 in its entirety. Assistant Chief Robert Hinton presented this item and briefed the City Council. Mayor Kelly asked staff if open carry would be allowed at this facility, except for when the facility is being used as a polling location. Chief Hinton replied correct. Mayor Kelly asked staff if open carry would not be allowed in the meeting room of an open posted meeting. Chief Hinton replied correct. Mayor Kelly asked staff if concealed carry would still be allowed within the building or within a meeting. Chief Hinton replied with the approval of this resolution, yes. City Manager Jennifer Fadden added according to the City Council rules, concealed carry would not be allowed. Assistant City Attorney Ben Stool stated this resolution applies to open carry within this meeting room; however, open carry is allowed in the rest of the building. City Manager Jennifer Fadden added or in any other room where an open posted meeting is being held. Assistant City Attorney Ben Stool concurred, including meetings in the executive conference room, or the room in which it is posted. Mayor Kelly stated a polling location is the entire facility. Assistant City Attorney Ben Stool concurred, it would then apply to the entire facility while the polls are open. Mayor Kelly opened the public hearing at 8:34 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:34 p.m. Mayor Pro Tem Taylor made a motion to approve Resolution R-16-3951. Councilmember Wollin 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, Jody Short, and Nancy Coplen Absent: 1 – Councilmember Chris Putnam 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive N., spoke in opposition to the zoning change request previously discussed. She stated having concerns about the wildlife and country atmosphere. City Council Minutes January 5, 2016 City of Colleyville Page 9 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 5, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3952 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 8:40 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 19TH DAY OF JANUARY 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary