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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