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HomeMy WebLinkAboutCity Council-Minutes-10/3/2016 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 Monday, October 3, 2016 EXECUTIVE SESSION 4:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER AND ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney (City Attorney interviews) WORKSESSION 5:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER AND ROLL CALL WS-1 Discussion of updates to the tree preservation ordinance WS-2 Discussion of Temporary Business Signs - State Highway 26 WS-3 Discussion of Conflict of Interest forms for vendors WS-4 Discussion of the October 3, 2016, City Council regular agenda items EXECUTIVE SESSION 6:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER AND ROLL CALL City Council Agenda October 3, 2016 City of Colleyville Page 2 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 City Attorney regarding City Developer Agreement Section 551.071 - Legal - Consultation with and legal advice from the City Attorney regarding SWPPP and TCEQ issues with Toll Brothers Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney 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 Dale Molden, First Baptist Church Colleyville 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-16-4040 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting - Mayor Richard Newton and Chief Financial Officer Brian Hogan Recognition of employees' years of service and achievements City Council Agenda October 3, 2016 City of Colleyville Page 3 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-16-4041 4a Approval of the minutes of the regular City Council meeting of September 20, 2016 4b Approval to purchase three (3) Chevrolet Tahoe patrol vehicles, from Caldwell Country Chevrolet, in an amount not to exceed $144,194, bid through the Texas Local Government Purchasing Cooperative "Buy Board"; approval to purchase three (3) Ford Taurus unmarked vehicles, from Silsbee Ford, in an amount not to exceed $80,998, bid through the Texas Local Government Purchasing Cooperative "Buy Board"; and authorize the city manager to execute all purchasing documents 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-16-1993 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 5b Ordinance O-16-1994 Consideration of a zoning change from the AG-Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16-014 5c Ordinance O-16-1995 Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 6. TABLED: RESOLUTION(S) 6a Resolution R-16-4032 Consideration of filling the Place 1 position on the Zoning Board of Adjustment, with Alternate 1, and filling the Alternate 1 position with the Alternate 2 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Historical Preservation Committee Meeting Minutes - April 14, 2016 City Council Agenda October 3, 2016 City of Colleyville Page 4 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 3, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4042 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 30, 2016 by 4:00 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 Monday, October 3, 2016 City Council Chambers Mayor Richard Newton called the Executive Session of the Colleyville City Council to order on Monday, October 3, 2016, at 4:00 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura Staff Present: City Manager Jennifer Fadden and City Secretary Amy Shelley. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney (City Attorney interviews) Mayor Richard Newton recessed the Executive Session at 5:05 p.m. Mayor Richard Newton called the Worksession of the Colleyville City Council to order on Monday, October 3, 2016, at 5:12 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura 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, Chief Financial Officer Brian Hogan, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Accounting Finance Manager Karen Hines, SH26 Coordinator James Hubbard, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. WS-1 Discussion of updates to the tree preservation ordinance Community Development Director Ben Bryner presented this item and briefed the City Council. City Council Minutes October 3, 2016 City of Colleyville Page 2 Mayor Newton asked staff if the previous owner may not have shared the tree preservation plan with the new owner. Director Bryner replied yes, it is possible. Mayor Newton asked staff where the numbers in the tree coverage preservation came from. Director Bryner replied he believes it has been around since the 2009 version, and it is a common breakdown in percentage of preservation. Councilmember Lindamood asked staff if “protected trees are all trees with a six inch trunk diameter or larger” and includes “trash” trees. Director Bryner replied it does not, but all trees six inches or greater have to be identified and then from that base point, you can begin to exempt the undesirable trees. Councilmember Taylor asked staff why a tree would need to be counted if it is going to be exempted. Director Bryner replied you would need to know what is on site to start with so that you can then show what is being removed. Councilmember Lindamood asked staff if trees within the right-of-way are counted toward the preservation. Director Bryner replied it depends on the location, like in the major right-of-way of the property, it would not count, but otherwise it would count. Councilmember Lindamood asked staff about the trees that straddle property lines. Director Bryner replied there are some exempted areas, but overall you look at the entire site. Councilmember Lindamood asked staff if the requirements are different with a resident versus a developer. Director Bryner replied the same standards apply. Mayor Newton asked staff if the tree preservation requirements would come into play if a resident makes a modification to the building footprint. Director Bryner replied yes, it very well could. Mayor Newton asked staff how tree preservation applies to homeowners who have been there for a long time. Director Bryner replied a lot of it depends if there was a tree preservation plan in place, and there are ways in which residents can remove trees, but we still want trees to be preserved where they can. Mayor Newton asked staff what is an exempt area. Director Bryner replied it is the area in which the building is going to be placed. Mayor Newton asked staff if the mitigated trees must be located on the same property. Director Bryner replied there could be an instance where there is no space to put the tree, but it could be planted or applied in the entire subdivision. Councilmember Lindamood asked staff if those mitigated caliper inches, which could not be planted on the same lot, could be dedicated to the park fund. Director City Council Minutes October 3, 2016 City of Colleyville Page 3 Bryner replied it may be cheaper for them to plant the tree than to put money into the fund. Mayor Newton asked staff if the property owner could be directed where to plant the tree. Director Bryner replied that could be one option. Councilmember Short asked staff if the planting of four, six inch trees is the equivalent of a 24 inch caliper tree. Director Bryner replied initially no, but after they grow, it will be more than 24 inches. He added there could be some mitigation incentives in order for them to save the 24 inch caliper tree, but staff has not evaluated those incentives. Mayor Newton asked staff what the setback envelope means. Director Bryner replied everything interior to the front, back, and two side yard setbacks. Mayor Newton asked staff what exempt means in the setback envelope area. Director Bryner replied they can use up to 50 percent of existing tree coverage in the calculation mitigation. Mayor Newton asked staff if the calculation takes into account the lot coverage percent. Director Bryner replied no. Councilmember Short asked staff if undergrowth is included in tree preservation. Director Bryner replied not currently, but undergrowth could be something outlined in the landscape section of the Land Development Code. Councilmember Lindamood suggested providing a lower value to a less desired tree, and a higher value to a desired tree. He stated then what is left to mitigate to the park system might be more or less, depending on the credit percentage. Director Bryner stated he would look at that option. Councilmember Taylor asked staff if they have reached out to other communities to see what has been done relative to tree preservation. Director Bryner replied yes, he has reviewed several ordinances and procedures. Mayor Newton indicated agreement with staff that there are issues with the current tree preservation ordinance, and that revisions are in order to address these issues. WS-2 Discussion of Temporary Business Signs - State Highway 26 SH26 Coordinator James Hubbard presented this item and briefed the City Council. Mayor Newton asked staff if the exemption is to allow the business to put a sign in a parking place. Coordinator Hubbard replied yes. City Council Minutes October 3, 2016 City of Colleyville Page 4 Mayor Newton asked staff about the allowance per business. Coordinator Hubbard replied each business, based on certificate of occupancy, could have one sign. He added if there are 30 businesses in a center, 30 parking spaces could essentially be taken up by signs. He stated most shopping centers have deed restrictions that would limit the number of signs. Mayor Newton asked staff if the signs will be effected by the changes in traffic patterns as construction moves along. Coordinator Hubbard replied possibly. Councilmember Lindamood asked staff if the construction will be completed in phases. Coordinator Hubbard replied it is going to be phased, but construction clutter and orange barrels will be along the entire corridor. Councilmember Short asked staff if the intent is to replace signs that will be lost during the construction process. Coordinator Hubbard replied it is more for marketing, not signs lost due to construction. Councilmember Taylor asked staff why a resolution could not be passed as needed. City Attorney Matthew Boyle replied it relates to the rule of equal dignities. Since the Land Development Code, which contains the sign regulations, was passed by an ordinance, the chapter would need to be amended by an ordinance. Councilmember Taylor asked staff why a temporary sign would be necessary, especially if the business’s sign is not touched. Coordinator Hubbard replied the signs would mostly be for advertising purposes, to help find the businesses during the road project. Mayor Newton suggested holding off on doing anything up front when we are not yet sure if the temporary signs will be necessary. Mayor Newton asked staff if there is a mechanism in which something could be done quickly, if necessary, other than changing the ordinance. City Attorney Matthew Boyle replied the short answer is no. There was general agreement that any change could be made within 30 days, and that was sufficient to address issues as they arose. WS-3 Discussion of Conflict of Interest forms for vendors Councilmember Lindamood presented this item and briefed the City Council and provided handouts for review. Due to a limited amount of time left in the worksession, Mayor Newton asked for this item to be moved to a future worksession. City Council Minutes October 3, 2016 City of Colleyville Page 5 WS-4 Discussion of the October 3, 2016, City Council regular agenda items There was no discussion of this item. Mayor Newton adjourned the worksession at 6:32 p.m. Mayor Richard Newton reconvened the Colleyville City Council Executive Session on Monday, October 3, 2016, at 6:32 p.m. in the Executive Conference Room. ROLL CALL: Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura Mayor Newton 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, Section 551.074 Personnel, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. 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 City Attorney regarding City Developer Agreement Section 551.071 - Legal - Consultation with and legal advice from the City Attorney regarding SWPPP and TCEQ issues with Toll Brothers Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Attorney 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 Newton recessed the executive session at 7:28 p.m. City Council Minutes October 3, 2016 City of Colleyville Page 6 Mayor Richard Newton called the regular City Council meeting to order in the Council Chambers at 7:35 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville 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-16-4040 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Coplen encouraged everyone to attend an event on Tuesday, October 18, 2016, to meet the 2016 Colleyville Olympians, Katie Meili and Stephen Lamdin. Assistant City Manager/Director of Public Safety Mike Holder encouraged everyone to attend National Night Out on Tuesday, October 4, 2016, at City Park on Bransford Road, beginning at 6:00 p.m. The evening ends with a softball game between police and fire. Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting - Mayor Richard Newton and Chief Financial Officer Brian Hogan Mayor Newton presented Chief Financial Officer Brian Hogan with the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting. Mayor Newton explained the Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by the City of Colleyville and its management. The City’s report was judged by an impartial panel and met the high standards of the program including demonstrating a constructive spirit of full disclosure to clearly communicate our financial picture. This is the 27th consecutive year the City has received the award. City Council Minutes October 3, 2016 City of Colleyville Page 7 Recognition of employees' years of service and achievements Mayor Newton recognized employees for their years of service to the City: One Year: Byron Osgood, Public Works, Glynn Miller, Public Works, Stephanie Jenkins, Human Resources, Cheryl Taylor, Public Works, and Shane Pace, Community Development. Five years: Kyle Franco, Fire, Dustin Eason, Police, and Erik Uplegger, Colleyville Center. Ten years: Joanne Caniano, Library, Joshua Large, Parks, and William Savage, Fire. Stephanie Jenkins, Shane Pace, Joanne Caniano, and William Savage were present to receive certificates of appreciation. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4041 4a Approval of the minutes of the regular City Council meeting of September 20, 2016 4b Approval to purchase three (3) Chevrolet Tahoe patrol vehicles, from Caldwell Country Chevrolet, in an amount not to exceed $144,194, bid through the Texas Local Government Purchasing Cooperative "Buy Board"; approval to purchase three (3) Ford Taurus unmarked vehicles, from Silsbee Ford, in an amount not to exceed $80,998, bid through the Texas Local Government Purchasing Cooperative "Buy Board"; and authorize the city manager to execute all purchasing documents Mayor Newton read Resolution R-16-4041 in its entirety. Assistant Police Chief Robert Hinton briefed the City Council regarding item 4b. Mayor Newton asked staff about the cost to outfit the vehicle. Chief Hinton replied the current Tahoe pricing is $31,966 and the cost to equip the vehicles is $21,500, with a total cost of $53,466. He added some savings will be received from a radio assistance program grant. Councilmember Lindamood expressed his appreciation to the police department for seeking a competitive bid and by coming in under budget. Mayor Newton opened the public hearing at 7:55 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:55 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4041 and Councilmember Lindamood seconded the motion. City Council Minutes October 3, 2016 City of Colleyville Page 8 The motion carried with the following vote: Aye: 5 – Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 2 – Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-16-1993 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 Mayor Newton filed an affidavit and recused himself from this agenda item. Councilmember Mike Taylor read the caption of Ordinance O-16-1993. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Lindamood asked staff if the building is going to be built on an existing slab. Director Bryner replied yes. Councilmember Taylor opened the public hearing at 8:10 p.m. There were no others present wishing to speak and Councilmember Taylor closed the public hearing at 8:12 p.m. This is a first reading, therefore City Council will not take any action. 5b Ordinance O-16-1994 Consideration of a zoning change from the AG-Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16-014 Mayor Newton joined the meeting from this point forward. Mayor Newton read the caption of Ordinance O-16-1994. Community Development Director Ben Brymer presented this item and briefed the City Council. City Council Minutes October 3, 2016 City of Colleyville Page 9 Mark Assad, 5000 Thompson Terrace, and representing the property owner, presented this item and briefed the City Council. Mayor Newton asked Mr. Assad why RE-Residential Estate zoning was not requested. Mr. Assad replied R-40 is being sought to be consistent with the area, and the buyer has no intention of putting together anything smaller than 1.5 acre lots, in general. Mayor Newton opened the public hearing at 8:10 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in support, but would like a guarantee that it will not be developed as smaller lots. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:12 p.m. Mayor Newton asked staff about the lot size for RE zoning. Director Bryner replied 80,000 square feet. Mr. Assad stated for clarification that the existing house is not being demolished, the purpose is to plat the middle lot. This is a first reading, therefore City Council will not take any action. 5c Ordinance O-16-1995 Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 Mayor Newton read the caption of Ordinance O-16-1995. Community Development Director Ben Brymer presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:18 p.m. Kathy Hadley, 204 Timberline Drive North, filled out a speaker card in opposition; however, she stated she is good with this request. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:19 p.m. This is a first reading, therefore City Council will not take any action. City Council Minutes October 3, 2016 City of Colleyville Page 10 6. TABLED: RESOLUTION(S) 6a Resolution R-16-4032 Consideration of filling the Place 1 position on the Zoning Board of Adjustment, with Alternate 1, and filling the Alternate 1 position with the Alternate 2 Mayor Newton suggested removing this item from the table, and then removing it from the agenda as appointments will be made to this board at the next City Council meeting. Councilmember Taylor made a motion to remove Resolution R-16-4032 from the table, without objection, for consideration. Mayor Newton made a motion to remove Resolution R-16-4032 from the agenda. Councilmember Taylor seconded. The motion carried with the following vote: Aye: 5 – Mayor Richard Newton, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 2 – Mayor Pro Tem Chris Putnam and Councilmember Tammy Nakamura 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, praised the police department, specifically Officer Bonham and Detective Prewitt, for speaking with her daughter about a texting issue she had with another girl. 8. REPORTS Historical Preservation Committee Meeting Minutes - April 14, 2016 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 3, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4042 This resolution was not needed. City Council Minutes October 3, 2016 City of Colleyville Page 11 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 8:24 p.m. Mayor Newton reconvened the executive session at 8:32 p.m., in the Executive Conference Room. Mayor Newton adjourned the executive session at 9:26 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary