HomeMy WebLinkAboutCity Council-Minutes-3/22/2016
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, March 22, 2016 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
6:00 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Discussion, consideration, and direction regarding complaint - alleged
conflict of interest (City Manager) 14.02 City Charter
PC-2 Discussion of the March 22, 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 and legal advice from the
attorney regarding the City's regulation of alcoholic beverages ordinance
and ratio
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 551.071 - Legal - Consultation with attorney regarding litigation -
Jane Doe v. City of Colleyville
Section 551.071 - Legal - Consultation with attorney regarding litigation -
Billy McCullough v. City of Colleyville
City Council Agenda March 22, 2016
City of Colleyville Page 2
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
INVOCATION: Pastor Dave Toney, Compass Christian Church
PLEDGE OF ALLEGIANCE: Assistant City Attorney Ben Stool
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-3973
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of Colleyville's featured business - Bahama Buck's,
Austin Burton, General Manager, 4605 Colleyville Boulevard - Mayor
David Kelly and Economic Development Director Marty Wieder
Recognition of employees' years of service
Recognition of employee achievements
4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3974
4a Approval of the minutes of the regular City Council meeting of March
8, 2016
4b Approval of a contract with Castro Roofing of Texas, L.P., through the
TIPS/TAPS Cooperative Purchasing Program, in an amount not to
exceed $120,151, for roof repairs to the Justice Center, located at
5201 Riverwalk Drive, and authorize the city manager to execute the
contract
City Council Agenda March 22, 2016
City of Colleyville Page 3
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-16-1976
Consideration of a zoning change from the R-40-Single Family
Residential zoning district to the R-30-Single Family Residential
zoning district on Lot 1, Block 1, of the Harden Addition, located at
4916 Behrens Road, Case ZC15-021
5b Ordinance O-16-1977
Consideration of a Special Use Permit for a day care center on Lot 3,
Block 6R, of the Woodbriar Estates West Addition, located at 300
West Greenbriar Lane, Case ZC15-023
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-16-3975
Approval of a resolution accepting the annual audit for Fiscal Year
ended September 30, 2015
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
8. REPORTS
Planning and Zoning Commission Meeting Minutes - February 8, 2016
Monthly Financial Report - February 2016
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR March 22,
2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3976
10. ADJOURNMENT
City Council Agenda March 22, 2016
City of Colleyville Page 4
I hereby certify this agenda was posted on City Hall bulletin boards Friday, March
18, 2016 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, March 22, 2016 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on March 22, 2016, at 6:10 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,
Chief Financial Officer Brian Hogan, 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, Accounting 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 Discussion, consideration, and direction regarding complaint - alleged
conflict of interest (City Manager) 14.02 City Charter
Assistant City Attorney Ben Stool presented this item and introduced Mr. Ted
Steinke to present this item and answer questions of City Council.
Mayor Kelly asked Mr. Steinke if the information on the real estate transaction was
provided by public sources. Mr. Steinke replied yes, and further detailed the
documents in the memorandum.
Mayor Kelly asked Mr. Steinke if anyone else could have derived and received that
same information. Mr. Steinke replied yes.
Mayor Pro Tem Taylor asked Mr. Steinke about substantial interest. Mr. Steinke
replied the personnel rules state a “City employee may not, among other things,
make any personal investment that might reasonably be expected to create a
substantial conflict between the employee’s private interest and duties for the
City”; however, substantial conflict and conflict are not defined. He stated City
Council may want to revisit and tighten up the personnel rules.
Mayor Kelly suggested updating that section of the personnel policy to provide a
little more guidance.
City Council Minutes March 22, 2016
City of Colleyville Page 2
Councilmember Putnam stated from a disclosure point of view that because
Colleyville does not have a population of over 100,000, employees are not
required to disclose real property. Mr. Steinke said correct, Section 145 of the
Texas Local Government Code “requires certain Municipal Officers (Mayor, City
Councilperson, City Attorney, City Manager) to file financial statements disclosing
ownership in, among other things, real property, shares of stock, and business
interests. However, this applies only to municipalities with a population of over
100,000.”
Councilmember Putnam asked Mayor Kelly if this is something optional the City
could do as part of a City Charter amendment to make it consistent so that all
public officials, whether they are elected or City officials, would be required to
disclose. Mayor Kelly replied it could be put out to the public to do, but he stated
not seeing a reason to do that. He added elected officials have to disclose
information in the campaign finance reports.
Mayor Pro Tem Taylor stated we will need to budget to cover fees such as what
has been incurred for this investigation with future budgets.
PC-2 Discussion of the March 22, 2016, City Council regular agenda items
There was no discussion on this item.
Mayor Kelly adjourned the Pre Council meeting at 6:21 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Kelly at 7:33 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and 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,
Chief Financial Officer Brian Hogan, 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, Accounting 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
City Council Minutes March 22, 2016
City of Colleyville Page 3
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 and legal advice from the
attorney regarding the City's regulation of alcoholic beverages ordinance and
ratio
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 551.071 - Legal - Consultation with attorney regarding litigation -
Jane Doe v. City of Colleyville
Section 551.071 - Legal - Consultation with attorney regarding litigation -
Billy McCullough v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities
Section 551.087 – 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 6:22 p.m. and reconvened at 6:23 p.m.
INVOCATION: Pastor Drew Sherman, Compass Christian Church
PLEDGE OF ALLEGIANCE: Assistant City Attorney Ben Stool
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-3973
This resolution was not needed.
City Council Minutes March 22, 2016
City of Colleyville Page 4
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Councilmember Wollin expressed her appreciation to Recreation and City Events
Manager Lisa Escobedo for the Bunny Brunch event. She stated it was a great
event and was very well attended. She added this event sells out weeks in
advance.
In recognition of Colleyville's featured business - Bahama Buck's,
Austin Burton, General Manager, 4605 Colleyville Boulevard - Mayor
David Kelly and Economic Development Director Marty Wieder
Mayor Kelly and Economic Development Director Marty Wieder recognized Bahama
Buck’s as the featured business of the month. Tyler Columbus, General Manager,
thanked the Mayor and City Council for the recognition, and invited everyone to
“Flavor Your Life” at their Colleyville Boulevard location.
Recognition of employees' years of service
Mayor Kelly recognized and presented certificates to Carlie Dorshaw-Moe, Shaila
Quoreshi, and Clinton “CC” Segroves for one year of service; Tracy Glidewell, five
years of service; Brian Wilson and Patrick Starrett, ten years of service. Mayor
Kelly expressed his appreciation for their service to Colleyville.
Recognition of employee achievements
Mayor Kelly recognized Lauren LeCren, Geographic Information System (GIS)
Program Administrator, for earning the ESRI ArcGIS Desktop Associate
Certification; Jeremy H. Lewis, Fire Captain, who earned a Master’s Degree in
Business Administration from American Public University; Letecia McClendon, GIS
Technician, for earning a Master’s in Public Administration from University of Texas
at Arlington; and Carlie Dorshaw-Moe, Economic Development Coordinator, who
was selected to serve as the 2016 Communications Chair for the Urban
Management Assistants of North Texas (UMANT).
4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3974
4a Approval of the minutes of the regular City Council meeting of March
8, 2016
4b Approval of a contract with Castro Roofing of Texas, L.P., through the
TIPS/TAPS Cooperative Purchasing Program, in an amount not to
exceed $120,151, for roof repairs to the Justice Center, located at
City Council Minutes March 22, 2016
City of Colleyville Page 5
5201 Riverwalk Drive, and authorize the city manager to execute the
contract
Mayor Kelly read Resolution R-16-3974 in its entirety.
Public Works Director Jeremy Hutt presented and briefed City Council on item 4b.
Mayor Kelly opened the public hearing at 7:53 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 7:53 p.m.
Mayor Pro Tem Taylor asked staff if a new building would only have a one-year
roof guarantee. Director Hutt replied this warranty was what was included in the
contractual documents, and there were no other warranties included.
Mayor Pro Tem Taylor asked staff about the logic behind that. Director Hutt replied
he could not speak to the logic of that; however, it is a very common warranty for
new facilities from an architectural standpoint. He added the workmanship
warranty is one year.
Mayor Kelly stated current and future contracts now have protection in them to
cover issues such as this.
Councilmember Mogged asked staff how well is the roof covered from hail damage
in the warranty. Director Hutt replied the City’s insurance would cover storm
damage; however, the majority of the work in this contract is not associated with
an insurance claim, more or less the wear and tear of the facility, the age of the
facility, and the original installation.
Councilmember Mogged asked staff if hail damage would be covered under the
insurance, rather than the specific work with this contract. Director Hutt replied
correct, storm damage would be pursued through the insurance.
Mayor Kelly made a motion to approve Resolution R-16-3974.
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
City Council Minutes March 22, 2016
City of Colleyville Page 6
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-16-1976
Consideration of a zoning change from the R-40-Single Family
Residential zoning district to the R-30-Single Family Residential zoning
district on Lot 1, Block 1, of the Harden Addition, located at 4916
Behrens Road, Case ZC15-021
Mayor Kelly read the caption of Ordinance O-16-1976.
Community Development Director Abra Nusser advised the City Council Judy
Chappell, applicant and property owner, has submitted a letter requesting
to continue this item to the June 7, 2016, City Council meeting, and provided
updates since the first public hearing.
Mayor Kelly opened the public hearing at 8:00 p.m.
Judy Chappell, applicant and property owner, presented this item and briefed the
City Council. She stated she wishes to table this item for a while in order to focus
on her husband’s surgery.
Lisa Pomroy, 4712 Behrens Road, spoke in opposition to this request with a
concern that if this is approved, it will open the door for others to come in and do
the same. She stated the people in support of this request are mostly not in this
neighborhood.
Ann Hammond, 4809 Manning Drive, spoke in opposition to this request with
concerns for the character of the neighborhood, and the changing to smaller lots.
Homer Hine, 4716 Behrens Court, spoke in opposition with concerns for the
preservation of the neighborhood, and an increase in density.
Ken von Storch, 4713 Behrens Court, spoke in opposition with concerns for the
preservation of the neighborhood, and for spot zoning.
Keith Chatham, 4413 Bowman Drive, spoke in opposition with concerns for the
preservation of the neighborhood.
The following persons did not wish to speak, but did wish to register their
opposition: Richard and Helen Smith, 2112 Oak Knoll Drive; Mark and Kimberly
Harrison, 1421 Douglas Avenue; Reed and Elita Faye Chambers, 1705 Renfro;
Mary Bassett, 4609 Stafford Drive; and Sabrina Weiss, 4707 Behrens Road.
City Council Minutes March 22, 2016
City of Colleyville Page 7
The following persons did not wish to speak, but did wish to register their support:
Bob Buttrill, 4801 Stafford Drive; James and Agnes Williams, 4700 Stafford Drive;
Neil Hart, 1600 Glade Road; Richard Smith, 4901 Manning; Mark and Megan
Crouser, 2621 Independence Road; Jeff and Cindi Moore, 2304 Tarleton; Richard
and Annella Didier, 1712 Glade Road; Robert and Dana Gallagher, 1301
Chatsworth Court; Gene Parks, 2705 Summertree Lane; Madison Young, 2706 Red
Oak Court West; Johnny and Rebekha Reynolds, 412 Riverpath; Nick Larp, 4221
Green Meadow; John and Amy Arcuri, 2703 Jackson Court; Carolyn Peak, 1708
Glade Road; James Hess, 6740 St. Moritz Parkway; Scott Frechette, 6748 St.
Moritz Parkway; Jerry Brogdon, 4916 Behrens Road; Baylor Peak, 1708 Glade
Road; Howard O’Shell Sr. and Roxanne O’Shell, 5012 Copperglen Circle; A.C.
Kerfe, 4713 Manning; Melissa and Jacob Conklin, 6302 Kenshire Drive; Bill Adams,
6301 Edinburgh; and Kevin Coplon, 4905 Behrens Road.
The following person did not indicate on the speaker card whether or not they
wished to speak/not speak in support/opposition: Howard Clinton O’Shell III, 5056
Copperglen Circle.
Mayor Kelly stated the opposition petition submitted will also be included in the
public record. The following persons signed this petition in opposition: W.S. and
Sarah Huggins, 4707 Behrens Road; Wes Poole, 4609 Behrens Road; Demetri
Jobe, 1916 Renfro Road; Gary and Phyllis Veach, 4709 Manning Drive; Bryce
Leigh, 4509 Manning Drive; WM Craig and Elizabeth Cummings, 4800 Behrens
Road; Mark Davidson, 4708 Behrens Road; Thomas Cowley, 4604 Behrens Road;
Jollie and Rita Pilgrim, 4712 Behrens Road; Paul, Lisa, Jacob and Callie Pomroy,
4712 Behrens Road; Chris Scholtzhauer, 4601 Manning Drive; Tracy Glidewell,
1908 Renfro Road; Sandra Oravetz, 1818 Renfro Road; Joe and Helen Steele,
1900 Renfro Road; Jan and Lauren Davidson, 4708 Behrens Road; Craig, Caroline,
and Ashley Cummings, 4800 Behrens Road; Lourdes and Bienvenido Camungol,
1600 Oak Knoll Drive; Pierre and Anna Laveday, 1600 Oak Knoll Drive; Pooch and
Mare Amy, 1601 Oak Knoll Drive; Jeff and Anne Zimmerer, 4404 Bowman Drive;
Patricia Waschka, 2108 Oak Knoll Drive; Mark and Shannon Lutrick, 4701 Manning
Drive; Matt and Elisabeth Hammons, 4613 Manning Drive; Reed and Elita
Chambers, 1705 Renfro Drive; and Ron and Sherry Cornelius, 1805 Renfro Road.
There were no others present wishing to speak and Mayor Kelly closed the public
hearing at 8:19 p.m.
Mayor Pro Tem Taylor stated the Planning and Zoning’s decision to deny the
request makes sense, as there is no hardship or geographic issues, and it should
remain an R40 zoned property.
Mayor Pro Tem Taylor made a motion to deny Ordinance O-16-1976.
Councilmember Mogged seconded the motion.
City Council Minutes March 22, 2016
City of Colleyville Page 8
The motion to deny 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
5b Ordinance O-16-1977
Consideration of a Special Use Permit for a day care center on Lot 3,
Block 6R, of the Woodbriar Estates West Addition, located at 300 West
Greenbriar Lane, Case ZC15-023
Mayor Kelly read the caption of Ordinance O-16-1977.
Community Development Director Abra Nusser presented this item and briefed the
City Council.
Mayor Kelly opened the public hearing at 8:23 p.m.
Pushpesh Thakur and Shalini Singh, applicants, presented this item and briefed
the City Council.
There was no else present wishing to speak and Mayor Kelly closed the public
hearing at 8:28 p.m.
Mayor Kelly asked staff what waivers are incorporated in the ordinance. Director
Nusser replied there is a waiver to Chapter 5 - Tree Preservation; maximum
number of pupils shall be reduced to 70 to meet on-site parking to remove the off-
site parking agreement; alternative screening device; the minimum design score;
and the addition of any exterior lighting should be shielded from adjacent
residential properties.
Mayor Kelly asked Mr. Thakur about the number of employees. Mr. Thakur replied
seven employees.
Mayor Kelly asked Mrs. Singh about the number of open houses. Mrs. Singh
replied open houses can be organized by classes, rather than the whole school to
ensure parking is not congested.
Mayor Kelly asked Mr. Thakur if they are proposing a crossing guard because cars
will be queued on both sides of Greenbriar. Mr. Thakur replied the crossing guard,
if the neighbors were getting disturbed by the traffic, would be there to help the
pedestrians cross.
Mayor Kelly asked staff if there is a liability with having a crossing guard when
there is not a designated crossing area. Mr. Thakur answered, for clarification, the
crossing guard is not for the kids, it is for the parents in the event they have to
City Council Minutes March 22, 2016
City of Colleyville Page 9
park on Greenbriar. Mayor Kelly stated it is more of a parking attendant. Mr.
Thakur replied yes.
Councilmember Mogged stated, on a daily basis, the parking is not an issue for
employees, only during special events. Mr. Thakur agreed.
Councilmember Mogged asked Mrs. Singh how often there will be special events.
Mrs. Singh replied two-three times per year.
Councilmember Mogged asked staff how many students were there before. Mayor
Kelly stated we did not have a student count, but the State licensed them for 100
or more students. Mr. Thakur stated they are putting together the State’s
paperwork, and they are applying for 100 students or less.
Councilmember Putnam asked Mr. Thakur if there is a way to proactively prohibit
parking in the residential areas during school events. Mr. Thakur replied he is
going to work with the neighbors.
Mayor Kelly asked Mrs. Singh if the release times are flexible. Mrs. Singh replied
yes.
Councilmember Coplen stated, in her experience with this location in previous
businesses, there has not been issues with pick up and drop off.
Councilmember Short asked staff if there is recourse if we are not working with
the neighbors during events. City Manager Jennifer Fadden replied not unless it is
stated in the ordinance. Mrs. Singh stated the spring and winter musicals are
going to be held in a different event location to accommodate all of the parents at
one time.
Councilmember Putnam asked staff if there has been opposition to this request.
Director Nusser replied no.
Councilmember Wollin stated she would like screening around the air conditioning
units. Mr. Thakur and Mrs. Singh agreed.
Mayor Kelly stated he would like the items listed in the briefing (those in which the
applicant has stated they will do) be included in the ordinance.
Mayor Kelly asked staff what language could be used to describe the hiding of the
air conditioner units. Director Nusser suggested shrubs or opaque screening to the
height of the unit. Councilmember Wollin agreed to the opaque screening.
Councilmember Mogged stated he did not care if the screening was live or not.
Councilmember Short asked Mr. Thakur about the maintenance of the retaining
wall and fencing between the commercial and residential. Mr. Thakur replied it was
City Council Minutes March 22, 2016
City of Colleyville Page 10
built when the residential development was built, which came after the school was
built.
Councilmember Short asked Mr. Thakur what the waiver to the screening
references. Mr. Thakur replied it is a waiver for additional screening besides the
retaining wall. Mayor Kelly stated the Land Development Code requires an eight
foot wall between commercial and residential; however, a twelve foot structure
currently exists between the commercial and residential properties.
Councilmember Short stated, for clarification, the existing retaining wall and
fencing is maintained by the homeowners. Mayor Kelly agreed.
Director Nusser asked City Council about the enforceability of what “softer color”
means in the list of improvements. Mayor Kelly asked Mr. Thakur if they have
picked out a color for the building. Mr. Thakur replied they are currently working
with a designer. Councilmember Wollin stated the code states earth tones. Mayor
Kelly stated the color should be compliant with the code.
Mayor Kelly asked staff if there are replacement trees in the ordinance. Director
Nusser replied yes, two replacement trees to be planted along the eastern
property line.
Mayor Kelly asked staff about the waiver to the number of students or parking
ratio. Director Nusser replied the motion could be to cap the number of pupils at
100 to meet the on-site parking. Mayor Kelly stated subject to state licensing
approval. Director Nusser stated it would not be contingent upon that.
Mayor Kelly asked Mr. Thakur if 100 students is sufficient. Mr. Thakur replied yes.
Mayor Kelly made a motion to approve Ordinance O-16-1977 with the
stipulated changes. Councilmember Coplen 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
Nay: 1 – Councilmember Jody Short
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-16-3975
Approval of a resolution accepting the annual audit for Fiscal Year
ended September 30, 2015
Mayor Kelly read Resolution R-16-3975 in its entirety.
City Council Minutes March 22, 2016
City of Colleyville Page 11
Chief Financial Officer Brian Hogan presented this item and introduced John
Manning, partner, Pattillo, Brown and Hill, L.L.P., the City’s auditing firm, who
discussed the audit and answered questions of the City Council.
Councilmember Mogged expressed his appreciation to the group for making the
numbers visible and transparent.
Councilmember Putnam expressed his appreciation to Accounting Manager Karen
Hines for filling the gap when Assistant City Manager/Chief Financial Officer Terry
Leake left the City. Councilmember Coplen concurred.
Mayor Kelly opened the public hearing at 8:55 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:55 p.m.
Mayor Pro Tem Taylor made a motion to approve Resolution R-16-3975.
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
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Claudia Bevill, 119 Cheek-Sparger Road, stated having a deep concern about how
citizens are asked to address the City Council, and that citizens should not feel
intimidated.
8. REPORTS
Planning and Zoning Commission Meeting Minutes - February 8, 2016
Monthly Financial Report - February 2016
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR March 22,
2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3976
This resolution was not needed.
City Council Minutes March 22, 2016
City of Colleyville Page 12
10. ADJOURNMENT
There being no further business before the City Council, Councilmember Coplen
motioned to adjourn and Mayor Kelly seconded.
Mayor Kelly adjourned the meeting at 9:02 p.m.
APPROVED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
5TH DAY OF APRIL 2016.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary