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HomeMy WebLinkAboutCity Council-Minutes-12/20/2016 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, December 20, 2016 1ST WORKSESSION COUNCIL CHAMBERS - E-VOTING TRAINING THIRD FLOOR 4:30 P.M. 2ND WORKSESSION EXECUTIVE CONFERENCE ROOM THIRD FLOOR 5:00 P.M. EXECUTIVE SESSION 6:30 P.M. CALL TO ORDER WS-1 Discussion of Temporary Business Signs - State Highway 26 WS-2 Discussion and update on the Pleasant Run Road Project WS-3 Demonstration of OpenGov, the City's financial transparency portal WS-4 Discussion of the December 20, 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 City Attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 – Legal – Consultation with City Attorney regarding contemplated litigation concerning an unauthorized accessory structure existing on the property generally described as 4801 Colleyville Boulevard Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Lincoln et al v. City of Colleyville Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Jane Doe v. City of Colleyville City Council Agenda December 20, 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager 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: Reverend Cameron Veazey, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4070 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 of the Month - Next Wood Fired Bistro, 5003 Colleyville Boulevard, Chef and Owner Ying Aikens - Mayor Richard Newton and Executive Director of Economic Development and Communications Mark Wood 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4071 4a Approval of the minutes of the regular City Council meeting of December 6, 2016 City Council Agenda December 20, 2016 City of Colleyville Page 3 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1999 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 9, Block 2, of the Briarwood- Colleyville Addition, located at 6001 Quality Hill Road, Case ZC16-013 5b Ordinance O-16-2000 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 2, of the Jewell Estates Addition, located at 6603 Diamond Court, Case ZC16-018 5c Ordinance O-16-2001 Consideration of a zoning change from the AG-Agricultural district to the CN-Neighborhood Commercial district on Abstract 206, Tract 3A, in the BBB & C RY SURVEY located at 5300 Pleasant Run Road, Case ZC16-019 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-16-2002 Approval of an ordinance repealing Ordinance O-02-1322 and Ordinance O-13-1896 and amending the Financial Disclosure and Business Conflict of Interest Forms 7. TABLED: RESOLUTION(S) 7a Resolution R-16-4068 Appointing members to the Classification and Compensation Study Committee 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-16-4072 Consideration of appointments to the Architectural Review Commission 8b Resolution R-16-4073 Consideration of appointments to the Colleyville Center Advisory Committee City Council Agenda December 20, 2016 City of Colleyville Page 4 8c Resolution R-16-4074 Consideration of appointments to the Parks and Recreation Advisory Board 8d Resolution R-16-4075 Consideration of appointments to the Tax Increment Finance District Board 8e Resolution R-16-4076 Consideration of an appointment to the Zoning Board of Adjustment 8f Resolution R-16-4077 Approval of changing the dates of the July 4 and October 3, 2017 regular City Council meetings 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS Historical Preservation Committee Meeting Minutes - September 15, 2016 Planning and Zoning Commission Minutes - November 14, 2016 Monthly Financial Report - November 2016 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 20, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4078 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 16, 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. City Council Agenda December 20, 2016 City of Colleyville Page 5 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, December 20, 2016 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, December 20, 2016, at 4:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor 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, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Executive Director of Economic Development and Communications Mark Wood, Community Development Director Ben Bryner, Recreation and Library Director Mary Rodne, Accounting Manager Karen Hines, Parks Manager Heather Dowell, Marketing Coordinator Dustin Dangli, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Amy Shelley The City Council was instructed in the e-voting process and City Secretary Amy Shelley answered questions. WS-1 Discussion of Temporary Business Signs - State Highway 26 SH26 Coordinator James Hubbard presented this item and answered questions of the City Council. Mayor Newton asked staff if the proposed sign changes are for during the construction time of SH26. Coordinator Hubbard replied correct; a 7.1 section could be added. Mayor Newton asked staff if that section would go away after the construction. Coordinator Hubbard replied correct. Councilmember Nakamura asked staff if the current code states 90 days max. Coordinator Hubbard replied that was discussed previously, and there was some concern about the construction timing and length of the project. Councilmember Lindamood suggested waiving the permit fee, but only during construction to help the businesses along the corridor. Mayor Newton stated he would rather alleviate the fee rather than change the code. City Council Minutes December 20, 2016 City of Colleyville Page 2 Mayor Pro Tem Putnam asked Mayor Newton how often the businesses would have to reapply. Mayor Newton replied every 30 days. Councilmember Short asked City Council about the purpose of the signs. Councilmember Nakamura replied to help people find the businesses during construction. Mayor Pro Tem Putnam added it will show where the driveways are located rather than the actual business. Councilmember Taylor asked staff why the businesses could not go ahead and add their permanent business signs. Coordinator Hubbard replied most business signs are already in place, and the temporary signs are meant to be for marketing purposes. Mayor Pro Tem Putnam stated the code allows these currently. Councilmember Taylor stated having concerns about it being trashy with signs. Councilmember Lindamood stated he wants to help the businesses stay in Colleyville. He stated this is a temporary fix. Councilmember Short asked staff if the temporary signs would be on private property. Coordinator Hubbard replied yes. Councilmember Nakamura agreed about going above and beyond for the businesses. Mayor Pro Tem Putnam stated he does not know what this will give them. Councilmember Short stated there could be a temporary sign along SH26 for every business. Councilmember Lindamood stated it would be for a short period of time. Mayor Pro Tem Putnam suggested the businesses should use the existing ordinance, and we should not make it easier for them to proliferate signs. Mayor Pro Tem Putnam asked staff what about making the sign portable. Coordinator Hubbard replied it is not that it cannot be done that way currently, the code does not state one way or the other about staking the sign or not. Councilmember Coplen asked City Council if the permit fee is going to be waived temporarily. Mayor Newton replied it could be. Mayor Pro Tem Putnam replied for a classified period of time in a specified geography, such as SH26 corridor. Mayor Newton agreed, and if problems begin to exist, then City Council can revisit this. Councilmember Taylor suggested Coordinator Hubbard should use good common sense and know when to come back to City Council with any issues. WS-2 Discussion and update on the Pleasant Run Road Project City Council Minutes December 20, 2016 City of Colleyville Page 3 Public Works Director Jeremy Hutt presented this item and answered questions or the City Council. Nathan Ante, Kimley Horn, presented this item and answered questions of the City Council. Councilmember Lindamood asked Mr. Ante if a hydraulic study has been completed. Mr. Ante replied a drainage area map has been completed which indicates the flows. Councilmember Lindamood asked Mr. Ante if a detention pond is necessary. Mr. Ante replied some sort of baffle blocks may be necessary. Mayor Pro Tem Putnam asked Mr. Ante about the 18 inch curb. Mr. Ante pointed out the location of the ribbon curb on the presentation. Councilmember Lindamood asked Mr. Ante if the proposed sidewalk is 10 feet in width. Mr. Ante replied there is a 10 foot sidewalk proposed everywhere except on the north end, and it then narrows down to 6 foot in width. Councilmember Lindamood asked Mr. Ante if an eight foot sidewalk width would provide a better buffer area. Mr. Ante replied the buffer is plenty, and there is already an eight foot wide sidewalk along some of the roadway. Councilmember Lindamood asked Mr. Ante if the eight foot sidewalk width will expand to a 10 foot wide sidewalk. Mr. Ante replied that is a good point, and he did not believe they would expand the width. Mayor Newton asked staff about the width of the trail in the park. Parks Manager Heather Dowell replied part of the park trail is six feet in width and part of it is eight feet in width. Councilmember Short asked Mr. Ante if the goal is to get the sidewalk as far away from the street as possible. Mr. Ante replied he believes the sidewalk can be meandered as far away as possible; however, the biggest challenge is where the fence line runs within the right-of-way and a swale exists. Councilmember Short asked Mr. Ante if the fence is in the public right-of-way. Mr. Ante replied yes, the fence is in the right-of-way. The sidewalk can be fit, but it may be up higher than the fence as it currently exists. Mayor Newton asked Mr. Ante how far is the fence in the right-of-way. Mr. Ante replied 10 feet or so. Councilmember Short asked Mr. Ante about the sidewalk on the west side. Mr. Ante showed where the sidewalk ends on the west side on the exhibit. City Council Minutes December 20, 2016 City of Colleyville Page 4 Councilmember Short asked City Council about extending the sidewalk all along the west side. Mayor Newton asked if there is a need for it. Mr. Ante stated right- of-way is available, and the bar ditches are not as bad. Mayor Newton asked Mr. Ante if there are any fences in the right-of-way along the west side. Mr. Ante replied he did not believe so. Mayor Pro Tem Putnam asked Mr. Ante about the cost of a west side sidewalk. Mr. Ante replied $250,000-$300,000. Mayor Pro Tem Putnam suggested waiting to see what the overall project costs are before committing to the sidewalk. Mayor Newton asked Mr. Ante about the cost of the project without the west side sidewalk. Mr. Ante replied $4.1 million, and originally the cost was budgeted at $4.3 million. Mayor Pro Tem Putnam stated he would support the west side sidewalk if the cost could be kept within the $250,000-$300,000 cost range. Councilmember Coplen agreed. Mayor Pro Tem Putnam stated Phase 3 (LD Lockett to John McCain) of the project is the worst section, and it should be done the soonest. Councilmember Taylor asked Mr. Ante if there will be total road closure for construction, or just one lane. Mr. Ante replied one lane will always be maintained. Director Hutt clarified that direction would not be changed; if north bound was established, it would be north bound only for that 12 week period. He stated the direction would not switch for the morning and evening rush hours. Mayor Pro Tem Putnam asked staff about the anticipated start date. Director Hutt provided an estimated project timeline; May 2017 – Final Design Complete; May 2017 – Bidding; June 2017 – Public Meeting; July 2017 – Start Construction; Spring 2018 – End Construction. Mayor Newton asked staff about the width of the Cotton Belt Trail. Director Hutt replied 10 feet. WS-3 Demonstration of OpenGov, the City's financial transparency portal Strategic Services Manager Adrienne Lothery presented this item and answered questions of the City Council. Councilmember Taylor asked staff if the gold or platinum recognition has gone away. Manager Lothery replied yes, as a part of the Leadership Circle, getting stars in each of the categories has replaced the gold or platinum recognition. City Council Minutes December 20, 2016 City of Colleyville Page 5 Mayor Pro Tem Putnam stated he was less concerned about the recognition and more about the tool for Colleyville residents to use. Councilmember Short asked staff if the information is currently on the website, but hard to find. Manager Lothery replied correct, and the information is updated weekly because OpenGOV is linked with our financial software, MUNIS. Councilmember Coplen asked staff if the changes are updated manually or automatically. Manager Lothery replied it is a live feed and is updated automatically. This is one of the reasons to use OpenGOV, as it is a little more turnkey, with not a lot of staff to manage it. Mayor Newton asked staff if she is currently presenting our data. Manager Lothery replied yes. Councilmember Taylor asked staff how much historical data is available. Manager Lothery replied there is at least three years of historical data. Councilmember Taylor asked staff if they could go further back and add data. Manager Lothery replied there is three years of historical data because the finance system was changed three years ago. She also stated the intent is not to drop off old data, but to continue to add new data every year. Mayor Pro Tem Putnam asked staff if internal tools are being evaluated as well. Manager Lothery replied staff has not looked into any other platforms, at least not until this platform was launched. Councilmember Taylor asked staff when this will be available for the public. Manager Lothery replied that is up to City Council, relative to what features they want. Councilmember Nakamura asked staff when the new website would be available. City Manager Jennifer Fadden replied staff is still working on the website design, based on comments received from the City Council in September. She stated the thought was to launch the finance tool during State of the City in January. Councilmember Taylor asked staff who is “we” for working on the website design. City Manager Jennifer Fadden replied staff has been working with the Mayor and the current website vendor. Mayor Newton added they have had a conference call with a vendor he met at TML to discuss design. He stated having concerns about the current design. Councilmember Taylor asked Mayor Newton about the launch, given that they were already working with a vendor. Mayor Newton stated the design was presented; however, he held up the launch after staff presented the new website design in the worksession. City Council Minutes December 20, 2016 City of Colleyville Page 6 Councilmember Taylor asked Mayor Newton if there will be a change in the vendor. Mayor Newton replied there is a possibility in a vendor change if we chose to do that. Councilmember Taylor asked Mayor Newton about an approximate time to launch the website. Mayor Newton replied likely during the first quarter of calendar year 2017. Councilmember Coplen asked staff if there were any questions on the citizen’s survey relative to new data. Manager Lothery replied no. Councilmember Nakamura asked staff if anyone will know what the enterprise fund is. City Manager Jennifer Fadden explained this information is pulled directly from the financial software. Manager Lothery stated if you click on enterprise fund, it takes you to the Utility and Drainage Funds. Mayor Newton asked staff if this is running on their server. Manager Lothery replied she would have to check. Councilmember Taylor asked staff if the link has been sent to the City Council. Manager Lothery replied no, and since it is not live, she can only invite members as users, which will allow you to look at it in a non-editing mode. Councilmembers liked having this feature launched at the State of the City event. WS-4 Discussion of the December 20, 2016, City Council regular agenda items Mayor Newton discussed the appointments for the Classification and Compensation Committee. (Citizens: Bo Bottger, Lenona Nichols, and Julia Ross). Mayor Newton stated he had talked with Bo Bottger and she agreed to serve, and he had left a detailed voice mail with Lenona Nichols. Councilmember Short stated he traded emails with Scott Redfearn, and Scott indicated he would be willing to serve on the committee. Councilmember Coplen stated John Tippetts stated he would like to serve, if he is needed. Mayor Pro Tem Putnam stated Scott Redfearn would be good to serve. Councilmember Lindamood stated he spoke to Lenona Nichols and she stated she would be willing to serve. Mayor Newton recapped the members for this committee: Bo Bottger, Lenona Nichols, and Scott Redfearn. City Council Minutes December 20, 2016 City of Colleyville Page 7 Mayor Pro Tem Putnam asked staff when the committee would meet. Human Resources Director Rachel Huitt replied she would be reaching out to the committee members to see what time would work best for them, afternoon or evening. Mayor Newton presented a summary of the other appointments on the agenda. Discussion occurred relative to appointments to the Architectural Review Commission; Colleyville Center Advisory Committee; Parks and Recreation Advisory Board; Tax Increment Finance District Board; and, the Zoning Board of Adjustment. Mayor Newton adjourned the worksession at 6:34 p.m. Mayor Newton called the Executive Session to order at 6:35 p.m., and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with City Attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 – Legal – Consultation with City Attorney regarding contemplated litigation concerning an unauthorized accessory structure existing on the property generally described as 4801 Colleyville Boulevard Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Lincoln et al v. City of Colleyville Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Jane Doe v. City of Colleyville 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 manager 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 City Council Minutes December 20, 2016 City of Colleyville Page 8 with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect 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. The session was adjourned at 6:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:43 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor 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, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Executive Director of Economic Development and Communications Mark Wood, Community Development Director Ben Bryner, Parks Manager Heather Dowell, Marketing Coordinator Dustin Dangli, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Amy Shelley INVOCATION: Pastor Jeff Strickland, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4070 The purpose of this resolution was for City Council to accept the resignation of the city manager. The Mayor and City Councilmembers all expressed their appreciation to City Manager Jennifer Fadden for the service she has provided to the City of Colleyville over the past eight years. Mayor Newton opened the public hearing at 7:58 p.m. City Council Minutes December 20, 2016 City of Colleyville Page 9 There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:58 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4070. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 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 of the Month - Next Wood Fired Bistro, 5003 Colleyville Boulevard, Chef and Owner Ying Aikens - Mayor Richard Newton and Executive Director of Economic Development and Communications Mark Wood Mayor Newton announced the winner of the Mayor for a Day, third grader, London DeZurik. He then read her winning essay. Councilmember Lindamood wished a happy birthday to his wife Tammy. Councilmember Coplen commended the Colleyville Heritage High School football team and their accomplishments this year. Mayor Richard Newton and Executive Director of Economic Development and Communications Mark Wood welcomed Next Wood Fired Bistro, Owner Tom Aikens and recognized Next as the featured business of the month. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4071 4a Approval of the minutes of the regular City Council meeting of December 6, 2016 Mayor Newton read Resolution R-16-4071 in its entirety. Mayor Newton opened the public hearing at 8:08 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:08 p.m. City Council Minutes December 20, 2016 City of Colleyville Page 10 Councilmember Taylor made a motion to approve Resolution R-16-4071 with the amendments to the minutes provided by Mayor Newton. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1999 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 9, Block 2, of the Briarwood-Colleyville Addition, located at 6001 Quality Hill Road, Case ZC16-013 Mayor Newton read the caption of Ordinance O-16-1999. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff how long the other accessory buildings in this neighborhood that are over the allowable size have been there, and if they have an SUP. Director Bryner replied staff has not been able to locate any SUPs for accessory buildings in this area. He stated there is a permit for an accessory building a few doors down from this property, and it complies with all standards. Mayor Newton asked staff if the permits found for some of the accessory buildings did comply with development standards. Director Bryner replied yes. Michael Meierhofer, property owner, presented this item and briefed the City Council. Mayor Newton asked Mr. Meierhofer why he could not add onto his house. Mr. Meierhofer replied originally the plan was to add onto his house; however, the plans examiner, at that time, stated it could not be done. Mayor Newton stated he knows of no reason why Mr. Meierhofer could not add onto his house. Director Bryner agreed, and stated one scenario in which he would not be able to add onto the house would be if they were to add a bedroom from the garage. He stated this is a building code regulation. Mayor Newton stated being concerned that the size of the proposed building is so much more than the code allows. City Council Minutes December 20, 2016 City of Colleyville Page 11 Mayor Pro Tem Putnam asked Mr. Meierhofer if the architectural features of the accessory building are the same as the house. Mr. Meierhofer replied yes, identical, painted brick and hardy siding, and stained cedar. Councilmember Lindamood asked Mr. Meierhofer if the accessory building could be connected to the house rather than a standalone building. Mr. Meierhofer replied that was what he originally wanted to do; however, he was told by the plans examiner that the addition would not fit within the building setback of 25 feet. Councilmember Lindamood stated the setback is actually 10 feet. Councilmember Taylor stated having a concern about this accessory structure becoming a rentable unit. Mayor Newton opened the public hearing at 8:26 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:26 p.m. Councilmember Taylor made a motion to deny Ordinance O-16-1999. Councilmember Nakamura seconded the motion. The motion to deny carried with the following vote: Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Mike Taylor, and Nancy Coplen Nay: 2 - Mayor Pro Tem Chris Putnam and Councilmember Jody Short 5b Ordinance O-16-2000 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 2, of the Jewell Estates Addition, located at 6603 Diamond Court, Case ZC16-018 Mayor Newton read the caption of Ordinance O-16-2000. Community Development Director Ben Bryner presented this item and briefed the City Council. George von Lange, property owner, presented this item and briefed the City Council. Councilmember Taylor asked Mr. von Lange when the other accessory building will be removed. Mr. Lange replied as soon as the new accessory building is constructed. City Council Minutes December 20, 2016 City of Colleyville Page 12 Councilmember Taylor asked Mr. von Lange if the roof pitch of the accessory building will match the house. Mr. Lange replied not being sure. Councilmember Taylor asked staff about the roof pitch. Director Bryner replied there are no standards for the roof pitch for the accessory building other than it cannot penetrate a certain height envelope. Mayor Newton opened the public hearing at 8:39 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:39 p.m. Councilmember Coplen made a motion to approve Ordinance O-16-2000. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 5c Ordinance O-16-2001 Consideration of a zoning change from the AG-Agricultural district to the CN-Neighborhood Commercial district on Abstract 206, Tract 3A, in the BBB & C RY SURVEY located at 5300 Pleasant Run Road, Case ZC16-019 Mayor Newton read the caption of Ordinance O-16-2001. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff if the letter received was from one of the residents. Director Bryner replied yes, 817 Central Drive. He stated the screening wall is a requirement of commercial properties adjacent to residential. Mayor Newton asked staff if the zoning exhibit could be attached to the SUP ordinance as Exhibit C. Director Bryner replied the Land Development Code is written in that a detailed plan or a conceptual plan must be submitted, but there are no regulatory mechanisms in place that would require it to be attached. Mayor Newton asked staff if there is anything stopping City Council from requesting it to be attached as Exhibit C. Director Bryner replied it will need to be determined at what time the property owner would need to come back for rezoning, in the event changes are needed to the site plan. He added to be able to actually tie a design to it, would be through a PUD zoning district. City Council Minutes December 20, 2016 City of Colleyville Page 13 Mayor Newton asked staff about the joint access easement between the two commercial properties. Director Bryner replied the access is strongly encouraged specifically for connectivity and safety access. Mayor Pro Tem Putnam asked staff if they are satisfied with this relative to the public safety aspect. Director Bryner replied staff has not officially reviewed the site plan; however, it does appear to satisfy the requirements of the fire lane. Councilmember Taylor asked staff if the building location, Exhibit C, could be attached to the ordinance. Director Bryner replied the way to do that would be through a PUD, but not with a straight zoning request. Councilmember Taylor stated if the applicant wanted to make changes to the site plan, they would not have to come back to City Council for approval, because the site plan is not attached to the zoning ordinance. Director Bryner replied correct, unless a different zoning district is requested, such as a PUD. Mayor Newton asked staff if the applicant will have to come back to the City for platting. Director Bryner replied yes, for the plat through Planning and Zoning Commission, but there will be no design elements located on the plat. Olanrewaju Sobo, applicant, came forward to present to the City Council and answer their questions. Mayor Newton asked Mr. Sobo if the joint access is something he has discussed with the adjacent property owner, and what is the status. Mr. Sobo replied as soon as he met with the neighbors, he met with staff about the location of the building, especially with the Fire Marshal about the access. Mayor Newton asked Mr. Sobo if the adjacent property owner would agree to the easement. Mr. Sobo replied the Fire Marshal stated if two buildings are commercially zoned, it is an automatic requirement to have this easement. Mayor Newton asked staff if the adjacent property owner will have to agree to the easement. Director Bryner replied yes. Councilmember Taylor asked Mr. Sobo if the new building will be two story. Mr. Sobo replied yes. Mayor Newton opened the public hearing at 8:57 p.m. Kathy Hadley, 204 Timberline Drive North, filled out her speaker card to speak in opposition to this request; however, she stated being good with the church use, but asked City Council to be careful about future uses. City Council Minutes December 20, 2016 City of Colleyville Page 14 There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:59 p.m. Councilmember Lindamood expressed his appreciation to the applicant for moving the building closer to the front of the property, and for working with the Fire Marshal about the access. Councilmember Taylor made a motion to approve Ordinance O-16-2001. Councilmember Short seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-16-2002 Approval of an ordinance repealing Ordinance O-02-1322 and Ordinance O-13-1896 and amending the Financial Disclosure and Business Conflict of Interest Forms Mayor Newton read the caption of Ordinance O-16-2002. City Secretary Amy Shelley presented this item and briefed the City Council. Mayor Newton suggested adding “direct or indirect” to the following statement, in front of “contractual relationship” on Sections 2 or 3. “The name and address of any person or corporation which currently has or during the preceding twelve (12) months has had a “direct or indirect” contractual relationship with the City and from which the person(s), their spouse or dependent minor children have received a fee, salary, or gift of value exceeding one hundred dollars ($100.00).” He stated the reasoning is that sometimes you have companies that do not have a direct relationship, but they have another company that does a subcontract in the first one as the City, so that is why it would make sense to add that into the form. Councilmember Short asked Mayor Newton if that is a common definition of indirect. City Attorney Whitt Wyatt answered that he believes the language would comply with the City Charter, having both direct and indirect, and it is provided by state law how that applies, and it does apply in certain circumstances to indirect relationships. He stated the inclusion of that language would revert it back to state law, and would provide more clarity. Councilmember Short stated he wants to ensure the persons filling out the form understand what an indirect relationship is. Councilmember Taylor stated these City Council Minutes December 20, 2016 City of Colleyville Page 15 would be known indirect relationships, because you may have an indirect relationship and not even know it. City Attorney Whitt Wyatt replied the addition of the language would be a clarity addition as there is no legal imposition of adding it for clarity. The legal requirement was to be placed on the form to be governed by the Charter, and there are plenty of circumstances where an indirect relationship would trigger your reporting on this form under the Charter regardless of whether or not it states indirect or not on there. He stated adding those on the form to provide that clarity is okay, but you are still going to get that reporting by law. Mayor Newton opened the public hearing at 9:06 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:06 p.m. This was a first reading, therefore, City Council did not take any action. 7. TABLED: RESOLUTION(S) 7a Resolution R-16-4068 Appointing members to the Classification and Compensation Study Committee Councilmember Short made a motion to remove Resolution R-16-4068 from the table for consideration. Mayor Pro Tem Putnam seconded the motion. The motion carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen Mayor Newton read Resolution R-16-4068 in its entirety. Mayor Newton opened the public hearing at 9:12 p.m. There was no one present wishing to speak and Mayor Newton closed the public meeting at 9:12 p.m. Mayor Pro Tem Putnam made a motion to approve Resolution R-16-4068 nominating Councilmembers Nakamura and Coplen; and, citizens Bo Bottger, Lenona Nichols, and Scott Redfearn to serve on the Classification and Compensation Study Committee. Councilmember Nakamura seconded the motion. The motion carried with the following vote: City Council Minutes December 20, 2016 City of Colleyville Page 16 Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-16-4072 Consideration of appointments to the Architectural Review Commission Mayor Newton read Resolution R-16-4072 in its entirety. Mayor Newton opened the public hearing at 9:13 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:13 p.m. Councilmember Nakamura made a motion to approve Resolution R-16- 4072, appointing Mark Burnett, Frank Manzare, Jason McDougall, and Curtis Young to the Architectural Review Commission, with a term expiring December 2018. Councilmember Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 8b Resolution R-16-4073 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Newton read Resolution R-16-4073 in its entirety. Mayor Newton opened the public hearing at 9:16 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:17 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4073, appointing Amy Redfearn, Paul Vigiletti, and Karen Matusic to the Colleyville Center Advisory Committee at large positions; and, Julie George representing the Colleyville Garden Club, Louis Miller, representing the Colleyville Lions Club, and Sandi Totherow representing National Charity League, with a term expiring December 2018. Councilmember Short seconded the motion. City Council Minutes December 20, 2016 City of Colleyville Page 17 The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 8c Resolution R-16-4074 Consideration of appointments to the Parks and Recreation Advisory Board Mayor Newton read Resolution R-16-4074 in its entirety. Mayor Newton opened the public hearing at 9:19 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:19 p.m. Councilmember Lindamood made a motion to approve Resolution R-16- 4074, appointing Rich Hendler, Place 1; John Hillebrand, Place 3; Natalie Genco, Place 5, and Jim Hasenpflug Place 7 to the Parks and Recreation Advisory Board, with a term expiring December 2018, and appointing Cliff LeBlanc, Place 2, to fill the unexpired term to December 2017. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 8d Resolution R-16-4075 Consideration of appointments to the Tax Increment Finance District Board Mayor Newton read Resolution R-16-4075 in its entirety. Mayor Newton opened the public hearing at 9:22 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:22 p.m. Councilmember Nakamura made a motion to approve Resolution R-16- 4075, appointing Mayor Richard Newton, Councilmembers Mike Taylor, Bobby Lindamood, Tammy Nakamura, and Nancy Coplen, to the Tax Increment Finance District Board with a term expiring December 2018; City Council Minutes December 20, 2016 City of Colleyville Page 18 and approving the appointments of: Mark McClendon representing Tarrant County College; Scott Rule representing Tarrant County Hospital District; Rebecca Barksdale representing Tarrant County; and John Eubanks representing Grapevine-Colleyville Independent School District, with a term of January 1, 2017 through December 31, 2018. Councilmember Taylor seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 8e Resolution R-16-4076 Consideration of an appointment to the Zoning Board of Adjustment Mayor Newton read Resolution R-16-4076 in its entirety. Mayor Newton opened the public hearing at 9:24 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:24 p.m. Mayor Pro Tem Putnam made a motion to approve Resolution R-16-4076, appointing Kimberly Holt, Alternate 1 and Michael Deakin, Alternate 2 of the Zoning Board of Adjustment, with a term expiring September 2018. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 8f Resolution R-16-4077 Approval of changing the dates of the July 4 and October 3, 2017 regular City Council meetings Mayor Newton read Resolution R-16-4077 in its entirety. Mayor Newton opened the public hearing at 9:27 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:27 p.m. City Council Minutes December 20, 2016 City of Colleyville Page 19 Councilmember Coplen made a motion to approve Resolution R-16-4077. Councilmember Taylor seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, spoke about the following: solar powered lights along SH26 to provide a nice ambiance between the big shopping areas; thanked the city manager for her kindness; wished everyone a Merry Christmas; expressed her appreciation to the City Council for the work they do. Frank Genco, 1104 John McCain Road, spoke about the following: tree preservation, tree mitigation, commercial sales tax in Colleyville, Southlake, and Grapevine, and property taxes. 10. REPORTS Historical Preservation Committee Meeting Minutes - September 15, 2016 Planning and Zoning Commission Minutes - November 14, 2016 Monthly Financial Report - November 2016 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 20, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4078 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:36 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 3RD DAY OF JANUARY 2016. City Council Minutes December 20, 2016 City of Colleyville Page 20 Minutes taken and prepared by: Amy Shelley, TRMC City Secretary