HomeMy WebLinkAboutCity Council-Minutes-4/5/2016
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, April 5, 2016 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Presentation and discussion of the Integrated Mosquito Management
Program
PC-2 Colleyville Recreation Overview
PC-3 Discussion of the April 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 551.071 - 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 551.071 - Legal - Consultation with attorney regarding litigation -
Michael S. Newman v. City of Colleyville and City of Keller
City Council Agenda April 5, 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 Martin Richardson
Crown of Life 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-16-3977
3. 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 Child Abuse Prevention Month - Katia
Gonzalez, Center Coordinator, Alliance for Children
Proclamation in recognition of Arbor Day in Colleyville, April 15, 2016
- Parks Manager Heather Dowell
4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3978
4a Approval of the minutes of the regular City Council meeting of March
22, 2016
4b Approval of the minutes of the Joint City Council and Library Board
Worksession of March 22, 2016
City Council Agenda April 5, 2016
City of Colleyville Page 3
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-16-1978
Consideration of a zoning change from the AG-Agricultural zoning
district to the R20-Single Family Residential zoning district in Abstract
1176 of the J.J. Newton Survey, and being a portion of Lot 1R-A,
Block 1, Kay’s Circle B Bar K Ranch Addition, located at 5700 Winnie
Drive, Case ZC15-022
6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 5,
2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3979
8. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 1,
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, April 5, 2016 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on April 5, 2016, at 5:34 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
Absent: Councilmembers Chuck Mogged and Chris Putnam
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, Building Maintenance Technician Randy Bright, Parks
Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services
Manager Adrienne Lothery, Information Systems Manager Chris Pena, City
Attorney Matthew Boyle, and City Secretary Amy Shelley
PC-1 Presentation and discussion of the Integrated Mosquito Management
Program
Public Works Director Jeremy Hutt presented this item and briefed the City
Council.
Councilmember Wollin asked staff if the Zika rash is distinctive from other rashes.
Director Hutt replied there have not been any distinctive characteristics reported,
other than being slightly itchier than a normal rash.
Councilmember Wollin asked staff if the mosquito carrying the Zika virus has a
different range that it roams beyond its breeding site than a normal mosquito.
Director Hutt replied it ranges about a quarter of a mile and to trap this mosquito,
takes a different approach. He added Tarrant County is currently tracking to see
where the population densities of this mosquito, throughout the region, are
located to determine the locations of the special traps.
Councilmember Wollin asked staff if the mosquito dunks work on both mosquito
types. Director Hutt replied yes, they are effective.
Mayor Kelly asked staff if Tarrant County has provided any guidance relative to
mosquito control since this past winter season was not bad. Director Hutt replied
City Council Minutes April 5, 2016
City of Colleyville Page 2
there is some speculation that the mosquito population may be increased due to
the light winter, but staff has taken an aggressive approach to proactively work
with Tarrant County to address this issue.
PC-2 Colleyville Recreation Overview
Recreation and City Events Manager Lisa Escobedo presented this item and briefed
the City Council.
Mayor Kelly asked staff if Colleyville residents are given first priority in volleyball
participation. Manager Escobedo replied staff has not had to turn down any
registrants for participation.
Councilmember Wollin stated participants at the Senior Center have told her they
are very appreciative of the new flooring.
Councilmember Short asked Mayor Kelly how long the carpet has been in place.
Mayor Kelly replied the carpet was in place when the City bought the building.
Mayor Kelly asked staff if the seniors travel the recreation circuit. Manager
Escobedo replied yes, they all know which facility is having a dance or free
lunches, etc.
Councilmember Short asked staff about the non-increase in revenues although
participation has increased. Manager Escobedo replied they try to recover
programming costs; however, 70 percent is being paid to the instructors. She
stated there are other programs offered to participants at no cost. She stated we
try to remain competitive in the market as far as costs and programming. She
added camps are being offered to promote other programs which drive up the
participation, but do not increase the revenues.
Councilmember Short stated it is not a one-to-one ratio. Manager Escobedo replied
correct, especially with providing programming at affordable costs.
PC-3 Discussion of the April 5, 2016, City Council regular agenda items
There was no discussion of this item.
Mayor Kelly adjourned the Pre Council meeting at 6:14 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, Jody Short, and Nancy Coplen
City Council Minutes April 5, 2016
City of Colleyville Page 3
Absent: Councilmembers Chuck Mogged and Chris Putnam
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, Public Works Director Jeremy Hutt, City
Engineer Cheryl Taylor, Community Development Director Abra Nusser, Parks
Manager Heather Dowell, SH26 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
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 551.071 - 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 551.071 - Legal - Consultation with attorney regarding litigation -
Michael S. Newman v. City of Colleyville and City of Keller
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from business
prospects that the City seeks to have locate, stay, or expand in the City and
with which the City is conducting economic development negotiations;
deliberate the offer of a financial or other incentive to a business prospect
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 6:14 p.m. and reconvened at 6:15 p.m.
City Council Minutes April 5, 2016
City of Colleyville Page 4
INVOCATION: Pastor Martin Richardson, Crown of Life 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-16-3977
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
Mayor Kelly announced the annual Clean Sweep Event will be held Saturday, April
9, 2016, from 9:00 a.m. to 11:00 a.m. located at Heritage High School.
Proclamation in recognition of Child Abuse Prevention Month - Katia Gonzalez,
Center Coordinator, Alliance for Children
Mayor Kelly and Assistant City Manager/Director of Public Safety Mike Holder
presented Katia Gonzalez, Center Coordinator, Alliance for Children, a
proclamation for Child Abuse Prevention Month. Ms. Gonzalez thanked the Mayor
and City Council for their efforts and attention to preventing child abuse in the
community.
Proclamation in recognition of Arbor Day in Colleyville, April 15, 2016 - Parks
Manager Heather Dowell
Mayor Kelly presented Parks Manager Heather Dowell with a proclamation
recognizing Arbor Day in Colleyville April 15. Manager Dowell expressed her
appreciation and stated there will be 61 trees planted this year in observance of
Arbor Day.
4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3978
4a Approval of the minutes of the regular City Council meeting of March
22, 2016
4b Approval of the minutes of the Joint City Council and Library Board
Worksession of March 22, 2016
Mayor Kelly read Resolution R-16-3978 in its entirety.
City Council Minutes April 5, 2016
City of Colleyville Page 5
Mayor Kelly opened the public hearing at 7:41 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 7:41 p.m.
Councilmember Wollin made a motion to approve Resolution R-16-3978.
Mayor Pro Tem Taylor seconded the motion.
The motion to approve carried by the following vote:
Aye: 5 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol
Wollin, Chuck Mogged, and Nancy Coplen
Absent: 2 – Councilmembers Chuck Mogged and Chris Putnam
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-16-1978
Consideration of a zoning change from the AG-Agricultural zoning
district to the R20-Single Family Residential zoning district in Abstract
1176 of the J.J. Newton Survey, and being a portion of Lot 1R-A, Block
1, Kay’s Circle B Bar K Ranch Addition, located at 5700 Winnie Drive,
Case ZC15-022
Mayor Kelly read the caption of Ordinance O-16-1978.
Community Development Director Abra Nusser presented this item and briefed the
City Council.
Mayor Kelly opened the public hearing at 7:46 p.m.
Chas Fitzgerald, applicant, presented this item and briefed the City Council.
Fred Tate, 5605 Winnie Drive, spoke in support of the request, but stated having
concerns about additional traffic with the development’s exit. He stated he would
like for this exit to be an emergency access only.
Mary Utley, 5704 Oak Top Drive, stated not being opposed to the request;
however, stated having concerns about drainage from the pond and other lots
onto their property and the preservation of the pond for the wildlife.
Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request with
concerns of higher density and the preservation of the rural feel.
The following person did not wish to speak, but did wish to register his opposition:
Steve Walters, 716 Duns Tew Path.
City Council Minutes April 5, 2016
City of Colleyville Page 6
There were no others present wishing to speak and Mayor Kelly closed the public
hearing at 8:01 p.m.
Mayor Kelly asked staff if City Council is to consider if this zoning change request
is appropriate for this area. Director Nusser replied correct.
Mayor Kelly asked staff if there are standards in the Land Development Code for
drainage requirements. Public Works Director Jeremy Hutt replied correct, and if
the zoning is approved, all Land Development Code requirements will have to be
met to develop the property, including drainage.
Mayor Kelly asked staff if the development would require engineered designs for
drainage. Director Hutt replied yes.
Mayor Kelly asked staff about easements that may or may not be in place by the
Oak Valley Development. Director Hutt replied upon further research, the
easement never took place and was not dedicated on the plat.
Councilmember Coplen asked Mr. Fitzgerald if the subject property is owned by
XTO. Mr. Fitzgerald replied yes, XTO acquired the property in 2007.
Councilmember Coplen asked Mr. Fitzgerald if the property was purchased for gas
drilling. Mr. Fitzgerald replied yes.
Mayor Kelly asked City Council if they would consider a PUD zoning rather than a
straight zoning request, since a conceptual site plan is not necessary for this
request, as submitted. Councilmember Short stated he shares the Mayor’s
concerns.
Mr. Fitzgerald stated they plan to submit this plan, it will not be changing.
Mayor Pro Tem Taylor asked Mr. Fitzgerald why they did not pursue this as a
PUDR. Mr. Fitzgerald replied some of the subject property is already zoned R20,
and they are able to meet the R20 requirements.
Mayor Pro Tem Taylor asked Mr. Fitzgerald if he would have an issue with City
Council changing this to a PUDR zoning. Mr. Fitzgerald replied currently five acres
are zoned R20, and the addition of the PUDR zoning would create odd boundaries
within the development.
Mayor Kelly stated PUDR will codify this plan with additional development
requirements such as screening and landscaping. Director Nusser stated the
current open space percentage would not meet the 20 percent open space PUDR
requirement, and also a private street development plat would be brought forward
at a later date, and require a discretionary approval.
City Council Minutes April 5, 2016
City of Colleyville Page 7
Mayor Kelly asked Mr. Fitzgerald if he would be willing to do a PUDR zoning
change. Mr. Fitzgerald replied a PUDR zoning would not fit their criteria, especially
since they are on a tight timeframe with the property owners.
Mayor Kelly asked staff if there is an issue with meeting the PUDR requirements.
Director Nusser replied if City Council is amenable to the proposed zoning exhibit
as is, with the open space, as is, then the request is generally compliant with a
PUDR.
Mayor Kelly asked City Attorney Matthew Boyle if the PUDR can be expanded to
bring in the current zoned R20 properties. City Attorney Matthew Boyle replied it
could not be expanded; however, a site plan exhibit could be attached to the
ordinance as it associates with the R20 properties. He added it would require
drafting an ordinance different from previous PUDR ordinances, but it can be done.
Director Nusser explained there are minimum PUDR standards this current
development does not comply with. Mayor Kelly agreed, and stated there have
been other PUDR requests that have been approved with waivers.
Councilmember Coplen asked staff if adding the open space at the entrance would
bring the open space percentage in compliance. Director Nusser replied the site
data table likely includes the median; however, medians are not included in the
open space percentage for PUDR requirements.
Mayor Kelly stated the objective is to not delay the request, just to ensure what
has been presented on the conceptual site plan is actually done. Mr. Fitzgerald
stated being nervous about the process.
Councilmember Short asked staff if the plat approval process begins tomorrow, as
indicated by Mr. Fitzgerald. Director Nusser replied the plat has already been
submitted, and is already pending, and generally consistent with this request.
Councilmember Short asked staff if the plat has been scheduled for the Planning
and Zoning Commission (P&Z). Director Nusser replied the plat has been
submitted but not scheduled for P&Z.
Mayor Kelly asked staff if the plat can be on the next City Council agenda for
consideration. Director Nusser replied due to potential notification issues with the
acreage and caption, she is not sure staff could incorporate that on the next
agenda.
Mayor Kelly asked staff about the timing of the next events for this project.
Director Nusser replied if the zoning change request is approved at the next City
Council meeting, then the plat would be brought forward to the City Council in
May.
City Council Minutes April 5, 2016
City of Colleyville Page 8
Mayor Pro Tem Taylor asked staff why a plat would require two readings. Director
Nusser replied a plat with private streets would require both P&Z and City Council
approval.
Mayor Kelly asked Mr. Fitzgerald about his hesitancy of doing the development as
a PUDR. Mr. Fitzgerald replied not knowing about the unintended consequences.
Councilmember Short asked City Attorney Matthew Boyle if he has another
solution. City Attorney Matthew Boyle replied his solution is to come back in two
weeks, give the applicant clear direction on what you prefer to see, to allow them
plenty of time and opportunity to work with staff to get the technical issues,
including the timing of the plat, and the necessary exhibits for a PUDR. He added
clear intentions should be given to the developer tonight.
Mayor Kelly asked staff if the Winnie Drive access issue has been addressed.
Director Hutt replied depending on the gate type, whether a resident exit or
emergency access, would dictate the improvements necessary for the roadway. He
stated there are no changes expected on Winnie Drive side; however, until there is
a clear understanding of what the developer is going to do with the gated
entryway, there may be improvements associated with the proposal.
Councilmember Wollin stated the neighbors who live on Bransford Road have a
memorandum of understanding, and she would like for that to be taken into
consideration moving forward.
Mayor Kelly asked Mr. Fitzgerald if he has an understanding of what is needed for
the next meeting. Mr. Fitzgerald replied we all want the same thing.
Mayor Pro Tem Taylor stated he would rather see Winnie Drive as an emergency
access only. Mayor Kelly stated if the developer chooses not to make this a private
development, then that drive will become an open street, or it could be made into
a turnaround, which will change those lots next to that cul-de-sac.
Mayor Pro Tem Taylor asked Mr. Fitzgerald about making a roundabout or
turnabout at that location. Mr. Fitzgerald replied being in favor of an emergency or
resident exit. He added it would not be an entrance, and a cul-de-sac is not an
option.
Mayor Pro Tem Taylor asked Mr. Fitzgerald why they could not do a cul-de-sac. Mr.
Fitzgerald replied because it would be cost prohibitive, and they would not meet
the lot size criteria.
Mayor Kelly asked staff if there is a facility for an exit only. Director Nusser replied
this request has not been reviewed to plat level detail; this was conceptual in
nature.
City Council Minutes April 5, 2016
City of Colleyville Page 9
Mayor Kelly asked staff if there is an exit only gate model. Director Nusser replied
yes.
Mayor Kelly asked Mr. Tate if they could accept an exit only gate. Mr. Tate replied
no, they prefer an emergency exit only, and all of the neighbors on Winnie Drive
want an emergency access only as well.
Mayor Kelly asked Mr. Fitzgerald whether the streets in the development will be
public or private. Mr. Fitzgerald replied they want private streets.
Councilmember Wollin concurred with Mayor Pro Tem Taylor’s comment about the
narrow streets on Winnie Drive, and stated if the streets are private, she would
like the emergency access only.
Mayor Pro Tem Taylor asked staff if there is room to put in a turnaround, and still
meet the lot requirements. Fire Chief Brian Riley stated the ladder truck was able
to do a turn in the roundabout on Winnie Drive while recently practicing;
therefore, an emergency access gate will work. Councilmember Short stated the
site designer should be able to put something in place.
Mayor Kelly suggested Mr. Fitzgerald should work with staff to see what can be
brought forward relative to this access. Director Nusser replied it is highly unlikely
all of this will be finished before the next reading, considering the status of the
plat.
This was a first reading, therefore, City Council did not take any action.
6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Nelson Thibodaux, 5612 Coventry Court, spoke regarding a recent open records
request he had submitted on March 24, 2016; read Resolution R-88-387; and
spoke on the regulating of speech.
Claudia Bevill, 119 Cheek-Sparger Road, spoke regarding City processes and
documents. She stated the following for the record should be removed from the
Welcome to the City of Colleyville City Council Meeting pamphlet: "Any complaints
and/or discussions about individual City Councilmembers, City staff, or other
persons would be out of order and will not be heard by the City Council at this
time; and, "Charges or complaints about specific individuals shall be presented in
writing to the Mayor or City Manager, as appropriate. All complaints of this nature
must be signed and dated by the individual filing the complaint."
Kathy Hadley, 204 Timberline Drive North, expressed her appreciation for the
markers installed on Jackson Road, next to the bridge; the curb on Glade Road at
City Council Minutes April 5, 2016
City of Colleyville Page 10
Riverwalk Drive; the ducks in her yard; the fountain at the Preservation
subdivision; and the preservation of the rural feel relative to the previous zoning
case.
David Medlin, 605 Montreaux Avenue, spoke regarding the Welcome to the City of
Colleyville City Council Meeting pamphlet; the freedom of speech; the
comprehensive plan; emails to staff about the comprehensive plan; the recent
citizen’s complaint; the ending of the Pre Council format so that citizens can
provide comments; and to recognize opposing points of view.
Tammy Nakamura, 2204 Collins Path, spoke regarding the previous City Council
meeting and video during the citizens comment section.
7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 5,
2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3979
This resolution was not needed.
8. 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 9:08 p.m.
APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
19TH DAY OF APRIL 2016.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary