HomeMy WebLinkAboutCity Council-Minutes-12/6/2016
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 6, 2016
WORKSESSION
5:30 P.M.
EXECUTIVE SESSION
6:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of the Citizen Survey
WS-2 Discussion of the 2017 City Council meeting dates
WS-3 Discussion of the Financial Disclosure and Business Conflict of Interest
Form
WS-4 Discussion of the December 6, 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 and legal advice from the City
Attorney regarding the Fort Worth Transit Authority’s legal response to the
City regarding the TEX Rail project implementation process and related
legal matters
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
City Council Agenda December 6, 2016
City of Colleyville Page 2
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 Lee Johnson, Bear Valley Church
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-16-4065
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-16-4066
4a Approval of the minutes of the regular City Council meeting of
November 15, 2016
4b Approval of the minutes of the Special City Council meeting of
November 22, 2016
4c Approval of the minutes of the Special City Council meeting of
November 28, 2016
4d Approval of a Professional Services Agreement for Municipal Court
Prosecution Services
4e Consideration of a request by the Trinity River Authority to utilize FY
2016 Tarrant County Water Supply Project funds
City Council Agenda December 6, 2016
City of Colleyville Page 3
5. ORDINANCE(S): FIRST 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. TABLED: RESOLUTION(S)
6a Resolution R-16-4061
Consideration of the abandonment of a public right-of-way between
Lots 32R, 42R, and 43R-1 of the Village at Colleyville Addition,
located at 91, 93, 95, 99 Cottage Lane and 104, 124 Terra Cotta
Way, Case GC16-013
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-16-4067
Consideration of an appointment to the Planning and Zoning
Commission
7b Resolution R-16-4068
Appointing members to the Classification and Compensation Study
Committee
8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING
8a Discussion of Utility Fund resources
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
City Council Agenda December 6, 2016
City of Colleyville Page 4
10. REPORTS
Colleyville Library Board Minutes - August 29, 2016
Planning and Zoning Commission Minutes - October 10, 2016
Quarterly investment report for the quarter ended September 30, 2016
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR
DECEMBER 6, 2016 - READING AND PUBLIC HEARING -
RESOLUTION R-16-4069
12. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards December 2,
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, December 6, 2016 CITY COUNCIL CHAMBERS
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, December 6, 2016, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and
Councilmembers Tammy Nakamura, Jody Short, Nancy Coplen and Mike Taylor
Absent: Councilmember Bobby Lindamood
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, 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
WS-1 Discussion of the Citizen Survey
Strategic Services Manager Adrienne Lothery presented this item and answered
questions of the City Council.
Councilmember Taylor asked Mayor Newton about the “bury the utility lines on
SH26” question on the survey. Mayor Newton replied personally, if that were to be
done, that would make the biggest aesthetic difference along SH26. He stated he
would like to know, strategically, if this is something that citizens want to have
completed.
Councilmember Nakamura asked Mayor Newton if this is something that would
have to be put on a ballot. Mayor Newton replied the question has to be asked first
to see if there is sentiment for it to be done.
Councilmember Short suggested asking “is the presence of power lines a
problem?” He stated the other question simply jumps to a solution, but there may
be other solutions that could be done to solve the issue.
Mayor Newton believed asking, “do you believe the visual appearance of power
lines is detrimental to the aesthetics of the City of Colleyville” would work.
City Council Minutes December 6, 2016
City of Colleyville Page 2
Councilmember Short suggested, “are you willing to invest significant funds to
move the utility lines?”
Mayor Pro Tem Putnam stated the question will help to quantify the appetite to see
if the citizens even want it.
Mayor Pro Tem Putnam asked City Council about the cost to bury the lines in the
past discussions. Councilmember Taylor replied it changed over time.
Councilmember Nakamura replied she believed $26 million, or something like that.
Councilmember Taylor stated he believe the ballot included $11 million.
Mayor Pro Tem Putnam agreed with Councilmember Short’s version of the
question. Manager Lothery stated staff will work on the language, such as “remove
overhead lines from SH26.”
Councilmember Taylor suggested removing this from the survey instrument, “The
CEDC Fund has capacity to take on a significant project without impacting the
City’s tax rate General Fund.” He stated he did not want to lead people to believe
that there is a pile of money.
Councilmember Nakamura stated she believes it is important for the citizens to
know that their taxes are not going to be impacted.
Mayor Pro Tem Putnam suggested rather than striking, it could read,
the CEDC fund has capacity to take on a project without impacting the City’s tax
rate General Fund.” Mayor Newton concurred with the suggestion. Mayor Pro Tem
Putnam suggested removing, “General Fund.”
Councilmember Coplen asked City Council if the phrase, “In 1996, Colleyville
citizens voted to collect a ½ cent sales tax to “provide for parks and parks
facilities, a library, a community center, open space improvements, and other
facilities and improvements only as authorized by the Texas Local Government
Code” is necessary to remain in the survey instrument. She suggested having, “a
½ cent sales tax to “provide for parks and parks facilities, a library, a community
center, open space improvements, and other facilities and improvements only as
authorized by the Texas Local Government Code.” Councilmember Nakamura
stated being good with either one. Mayor Newton stated it is important for
everyone to be reminded of where the tax comes from.
Councilmember Taylor suggested adding an item under 8a as, “D. Pedestrian trails
and sidewalks.”
Councilmember Putnam stated the trails and sidewalks question has always been
on the survey, although it has been a bit leading, none the less, it would be a good
City Council Minutes December 6, 2016
City of Colleyville Page 3
question to ask so that a great discussion can be had about the trail/sidewalk
master plan.
Mayor Newton asked Mayor Pro Tem Putnam how the question would be asked.
Mayor Pro Tem Putnam replied “additional pedestrian amenities, such as sidewalks
and trails” but without specificity about location.
Councilmember Short stated it may not be necessary to limit their choices to just
three. Mayor Newton stated limiting to the three is fine.
Councilmember Short asked City Council about adding the “funding of sport
fields.” Mayor Pro Tem Putnam suggested putting it under 8b. Mayor Newton
stated not without the development of additional park land. He stated he
personally did not want that question included.
Councilmember Coplen asked Mayor Newton why he does not want the question
on there. Mayor Newton replied he wants to know if there are big things, such as a
multi-use facility.
Councilmember Coplen asked staff about the cost of a phone survey. Manager
Lothery replied phone surveys are very expensive.
Councilmember Taylor agreed with the use of the utility billing inserts, as they are
more cost effective, and more information can be included.
Staff discussed the distribution of the survey timing with the utility billing cycles.
Mayor Newton suggested the survey being available as soon as they open their
bill.
Mayor Pro Tem Putnam stated Dustin Dangli can do a social media alert as well, to
let the citizens know it will be coming in their utility bill.
Councilmember Taylor suggested having the survey go out in the January billing
cycle, and the survey can be open until the end of February.
Mayor Newton asked staff about the survey being limited to one IP address, since
a home will typically have only one IP address. Limiting to one IP address will limit
the household to one survey response. This could be alleviated if the vendor is
able to provide a report of how many responses come from each IP address. Does
the vendor have the ability to provide a report of the number of responses from
each IP address? Manager Lothery replied yes.
Mayor Pro Tem Putnam stated the report would be good to have. He stated the
survey should not be limited to one IP address.
City Council Minutes December 6, 2016
City of Colleyville Page 4
WS-2 Discussion of the 2017 City Council meeting dates
City Secretary Amy Shelley presented this item and answered questions of the City
Council.
Mayor Newton stated being good with the proposed dates except for November.
He stated he did not think the first meeting would need to be moved to
accommodate the November election. City Councilmembers agreed.
WS-3 Discussion of the Financial Disclosure and Business Conflict of Interest
Form
City Secretary Amy Shelley presented this item and answered questions of the City
Council.
Councilmember Lindamood joined the meeting during this discussion.
Councilmember Taylor stated he believed the Charter amendment included all of
Denton, Tarrant, and Dallas counties, not just the limited area as shown on the
exhibit. City Manager Jennifer Fadden replied the ballot language was modified
because all of the language could not be included on the ballot due to the size of
the proposition. She explained that the communication tools all stated the
information as outlined by the Charter Review Committee.
Mayor Pro Tem Putnam concurred with Councilmember Taylor and stated he was
fine either way. He added not being sure if the level of detail for the disclosure
area was discussed.
Mayor Newton asked staff if City Council approved the language by a resolution or
by an ordinance. City Manager Jennifer Fadden replied City Council approved a
resolution to call the election and a resolution to accept the Charter Review
Committee’s recommendations for the Charter amendments.
Mayor Newton stated the ordinance could require a geographical area larger than
that required by the Charter change. City Attorney Whitt Wyatt replied the ballot
language provides for a certain area, and the Communicator provides what the
ballot language included, as well as how it would appear, if the Charter
amendment was approved. He stated he does not believe there is any legal
impediment to expanding the disclosure area.
Mayor Newton and City Councilmembers agreed upon the expansion of the
disclosure map to include all of Denton, Tarrant, and Dallas counties.
Councilmember Lindamood asked staff about the CIQ forms within the bid packets.
Mayor Pro Tem Putnam stated this discussion is relative to the Charter
City Council Minutes December 6, 2016
City of Colleyville Page 5
amendments. Mayor Newton added the implementation of those forms has already
taken place.
Mayor Newton stated “business interests” is not covered in these forms, but
should be included. Mayor Pro Tem Putnam stated a definition for “business
interest” should be specified. Councilmember Lindamood agreed. Mayor Pro Tem
Putnam stated it will need to be decided to keep the definition broad or more
specific.
WS-4 Discussion of the December 6, 2016, City Council regular agenda items
Councilmember Coplen asked Mayor Newton about the appointment to the
Planning and Zoning Commission. Mayor Newton replied this was placed on the
agenda because of a vacancy, and the applicant will be pulled from the list of
applicants who submitted their application for the previous Planning and Zoning
Commission appointments, but were not appointed at that time.
Councilmember Coplen asked Mayor Newton if the City Council will be able to ask
questions at this time. Mayor Pro Tem Putnam answered and stated it will be a
public hearing.
Councilmember Coplen stated having concerns about making appointments to the
compensation committee when there are no names listed to choose from. Mayor
Newton replied the intention for this item is to place someone from the community
who has specific expertise in the human resources arena that have done this type
of work.
Councilmember Coplen asked Mayor Newton who they are. Mayor Newton replied
we do not have names, at this time. He stated he does not want to hold this
process up, and if they have names to provide, please do so.
Councilmember Taylor suggested Scott Redfearn because he is in the human
resources area. Mayor Pro Tem Putnam stated Scott may need to be recruited.
Mayor Pro Tem Putnam stated being comfortable with the Mayor having discretion,
but if that is a problem, it should not be forced.
Mayor Newton suggested the City Council provide names to the city manager.
Councilmember Coplen asked Mayor Newton if the committee information was put
out. Mayor Newton replied no, it is an ad hoc committee. He stated he can make
the call to the citizen to see if they have an interest in helping the City with this
project.
Councilmember Coplen asked if all members could make a motion about the
applicants for the Planning and Zoning Commission. Mayor Newton replied yes, a
City Council Minutes December 6, 2016
City of Colleyville Page 6
discussion can be made about the members, and then every Councilmember can
throw a name out, or someone can make a motion and either vote it up or down.
Mayor Newton adjourned the worksession at 6:40 p.m.
Mayor Newton called the Executive Session to order at 6:47 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 and legal advice from the City
Attorney regarding the Fort Worth Transit Authority’s legal response to the
City regarding the TEX Rail project implementation process and related legal
matters
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 551.087 – 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 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 session was adjourned at 7:35 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:45 p.m.
City Council Minutes December 6, 2016
City of Colleyville Page 7
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, Chief Financial Officer Brian Hogan, 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 Lee Johnson, Bear Valley Church
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-16-4065
Mayor Newton read Resolution R-16-4065 in its entirety.
Mayor Newton opened the public hearing at 7:49 p.m.
There was no one present wishing to speak and Mayor Newton closed the public
hearing at 7:50 p.m.
Councilmember Taylor made a motion to approve Resolution R-16-4065.
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
City Council Minutes December 6, 2016
City of Colleyville Page 8
Councilmember Taylor thanked Mayor Newton for his help during the Breakfast
with Santa event held this past Saturday. He added the first hotel in Colleyville is
now open for families to book for the holidays.
Councilmember Lindamood expressed his congratulations to the CHHS football
team for winning division.
Councilmember Lindamood also wished his daughter a happy 12th birthday.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-16-4066
4a Approval of the minutes of the regular City Council meeting of
November 15, 2016
4b Approval of the minutes of the Special City Council meeting of
November 22, 2016
4c Approval of the minutes of the Special City Council meeting of
November 28, 2016
4d Approval of a Professional Services Agreement for Municipal Court
Prosecution Services
4e Consideration of a request by the Trinity River Authority to utilize FY
2016 Tarrant County Water Supply Project funds
Mayor Newton read Resolution R-16-4066 in its entirety.
City Manager Jennifer Fadden explained that item 4e is no longer necessary as the
Trinity River Authority could not secure the purchase of the land for the proposed
project.
City Manager Jennifer Fadden presented item 4d and briefed the City Council.
Mayor Newton opened the public hearing at 7:54 p.m.
There was no one present wishing to speak and Mayor Newton closed the public
hearing at 7:55 p.m.
Councilmember Coplen made a motion to approve Resolution R-16-4066
with the removal of 4e. 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
City Council Minutes December 6, 2016
City of Colleyville Page 9
5. ORDINANCE(S): FIRST 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 if the building met the side yard setback. On the
drawing it appears the building goes over that setback. Director Bryner replied the
line identifies the setback for the primary structure, which would be a 10 foot
setback, but being a detached structure, they are allowed to be as close as five
feet, at that five foot distance, they can only be as tall as eight feet in height, from
there basically a 1:1 slope, and they would have to be under that slope and not
penetrate above that. So, it does comply with the setback for a detached
structure.
Mayor Newton asked staff if that is the explanation for the roof line and why it is
constructed like it is, to avoid that. Director Bryner replied yes.
Councilmember Taylor asked staff about why this is not considered a dwelling unit
rather than an accessory building. Director Bryner replied without an oven or
stove, it is not considered a second dwelling unit.
Councilmember Taylor asked staff why this is considered an accessory building and
not a dwelling unit. Director Bryner replied during the construction process, the
building inspectors will ensure the gas lines or electrical lines are not run for items
such as a stove. He stated after the construction time, there would be no way to
know if the lines are installed.
Mayor Newton stated being concerned about the size and not sure about the
recommendation of approval by staff. He stated he would like to know the size of
the surrounding accessory buildings in the area so that he can compare them to
this building.
Mayor Newton opened the public hearing at 8:04 p.m.
There was no one present wishing to speak and Mayor Newton closed the public
hearing at 8:04 p.m.
This was a first reading, therefore, City Council did not take any action.
City Council Minutes December 6, 2016
City of Colleyville Page 10
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.
Mayor Newton asked George von Lang, the property owner, if there are deed
restrictions or homeowner associations to comply with. Mr. Lang replied no.
Mayor Newton opened the public hearing at 8:09 p.m.
There was no one present wishing to speak and Mayor Newton closed the public
hearing at 8:09 p.m.
This was a first reading, therefore, City Council did not take any action.
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.
Councilmember Taylor asked staff if a drive to the rear can be done. Director
Bryner replied yes.
Councilmember Taylor asked staff if any consideration was given to the building
being advanced to the street and the parking behind. Director Bryner replied a
detailed review has not been completed, but staff will make a strong
recommendation that they consider that. Councilmember Taylor added it would be
easier for emergency access for fire, in the event of an emergency.
Councilmember Lindamood stated it would put the building more in line with the
other commercial buildings.
City Council Minutes December 6, 2016
City of Colleyville Page 11
Wayne Lambdin, Lambdin Architects, presented this item and briefed the City
Council. He stated they plan to move the building more toward the front of the
property.
Councilmember Taylor stated he would like to see the revised site plan.
Mayor Newton opened the public hearing at 8:17 p.m.
There was no one present wishing to speak and Mayor Newton closed the public
hearing at 8:18 p.m.
The following person did not wish to speak, but did wish to register his support:
Robert Figueroa, 817 Central Drive.
This was a first reading, therefore, City Council did not take any action.
6. TABLED: RESOLUTION(S)
6a Resolution R-16-4061
Consideration of the abandonment of a public right-of-way between Lots
32R, 42R, and 43R-1 of the Village at Colleyville Addition, located at 91, 93,
95, 99 Cottage Lane and 104, 124 Terra Cotta Way, Case GC16-013
Councilmember Taylor made a motion to remove Resolution R-16-4061 from the
table for consideration. Councilmember Coplen 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-16-4061 in its entirety.
Community Development Director Ben Bryner stated there is no update from the
previous meeting.
Donald Silverman, 14801 Quorum Drive, Suite 160, Dallas, presented this item
and briefed the City Council.
Councilmember Taylor asked Mr. Silverman if the two easements still exist, how
they will build on the property. Mr. Silverman replied he disagrees with the City’s
opinion that both easements exist, it would be a lot less efficient, and they would
not be able to build on the west side.
Mayor Newton opened the public hearing at 8:30 p.m.
City Council Minutes December 6, 2016
City of Colleyville Page 12
There was no one present wishing to speak and Mayor Newton closed the public
meeting at 8:30 p.m.
Mayor Newton made a motion to deny Resolution R-16-4061.
Councilmember Lindamood seconded the motion.
Councilmember Taylor stated he will not vote to deny the request as he believes
the applicant’s request is the best and highest use of the property.
Mayor Newton stated he does not support the request because to remove the
right-of-way without specifics, is not the right thing to do, and the City would have
zero control over what happens, which is not wise.
The motion carried with the following vote:
Aye: 4 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and
Councilmembers Tammy Nakamura, and Bobby Lindamood
Nay: 3 – Councilmembers Jody Short, Nancy Coplen, and Mike Taylor
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-16-4067
Consideration of an appointment to the Planning and Zoning
Commission
Mayor Newton read Resolution R-16-4067 in its entirety.
Councilmember Coplen stated there are several to be considered but stated not
being sure who is really qualified to be on the Planning and Zoning Commission,
especially since this person will be serving until 2017.
Mayor Newton stated that all of the applicants listed in the City Council briefing
indicated on the application they would like to serve on the Planning and Zoning
Commission. He also stated that there are numerous persons qualified to serve in
that he had researched all applications and questionnaires, and he had selected a
name he planned to support.
Councilmember Coplen made a motion to appoint John Frazier to the
Planning and Zoning Commission with a term expiring September 2017.
Councilmember Short seconded.
Councilmember Nakamura stated not knowing some people on the list either, and
stated she would like to see more before a decision is made.
City Council Minutes December 6, 2016
City of Colleyville Page 13
Mayor Newton opened the public hearing at 8:41 p.m.
There was no one present wishing to speak and Mayor Newton closed the public
hearing at 8:41 p.m.
The motion failed with the following vote:
Aye: 3 – Councilmembers Jody Short, Mike Taylor, and Nancy Coplen
Nay: 4 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and
Councilmembers Tammy Nakamura and Bobby Lindamood
Councilmember Coplen made a motion to appoint Jim Gotcher to the
Planning and Zoning Commission with a term expiring September 2017.
Councilmember Taylor seconded.
The motion failed with the following vote:
Aye: 3 – Councilmembers Jody Short, Mike Taylor, and Nancy Coplen
Nay: 4 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and
Councilmembers Tammy Nakamura and Bobby Lindamood
Mayor Newton made a motion to appoint Charles Kelley to the Planning
and Zoning Commission with a term expiring September 2017.
Councilmember Nakamura seconded the motion.
The motion carried with the following vote:
Aye: 5 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and
Councilmembers Tammy Nakamura, Bobby Lindamood, and Mike Taylor
Nay: 2 - Councilmembers Jody Short and Nancy Coplen
7b Resolution R-16-4068
Appointing members to the Classification and Compensation Study
Committee
Mayor Newton read Resolution R-16-4068 in its entirety, and briefed the City
Council and stated these appointments would be made by ad hoc and not by
advertisement. He further asked City Council to provide citizen names to either
himself or the city manager for those appointments.
Mayor Newton opened the public hearing at 8:47 p.m.
City Council Minutes December 6, 2016
City of Colleyville Page 14
There was no one present wishing to speak and Mayor Newton closed the public
hearing at 8:47 p.m.
Mayor Newton made a motion to table this resolution. Councilmember
Coplen seconded the motion.
The motion to table 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
8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING
8a Discussion of Utility Fund resources
Mayor Newton presented this item and briefed the City Council using a PowerPoint
presentation.
Mayor Pro Tem Putnam stated rather than raising the rate, there are other ways to
achieve funding for the 2021 projects, like debt initiatives. Mayor Newton agreed,
and stated the policy could be changed.
Councilmember Lindamood stated the water tower was a hypothetical and will
need to be revisited, especially if it is not needed. Mayor Newton stated each year
the City Council will revisit the CIP as a standard process.
Councilmember Short stated the study completed previously indicated there were
$55 million dollars in projects, which equates to $2.7 million dollars needed per
year. He added there are a lot of projects ahead of us, and the sooner we get after
it, the better.
Mayor Pro Tem Putnam asked City Council why the concern about the ongoing CIP
funding when there was the ongoing transfer from the Utility Fund to the General
Fund. The cause of the reason for the rate increases was because of that transfer.
He added Mayor Newton has explained this with an extraordinary amount of
clarity, and in the future, we will have to look at ways to fund the projects.
Councilmember Coplen stated her water bill did go up based on the new rate. She
stated not knowing the political reason as to why there were several projects
moved up to 2017, which were actually scheduled in later years. Mayor Newton
stated not being aware of any political reasons in the approval of this capital plan.
Councilmember Lindamood stated he believes there should be a small cushion in
the fund, but not a huge cushion. The money should be in the citizen’s pockets
and not the City’s.
City Council Minutes December 6, 2016
City of Colleyville Page 15
Councilmember Nakamura thanked Mayor Newton and Mayor Pro Tem Putnam for
the clarification. Mayor Newton’s presentation is something we can provide to the
people so that they can see what is going on.
Mayor Newton opened the public hearing at 9:21 p.m.
Steve Waltens, 716 Duns Tew Path, thanked Mayor Newton for his incredible
transparency and honesty and stated it is so rare for elected officials to do so. He
stated the water issue was the crux of peoples’ frustrations. He stated this has
been made very clear that the City is not in any danger, and that fear tactics are
being used to mislead the uninformed.
Tony Seris, 5000 Montclair Drive, thanked Mayor Newton for being able to speak
and for the City Council maintaining the rural feel of Colleyville. He thanked the
City Council for their actions relative to the water rate change.
David Medlin, 605 Montreux Avenue, thanked Mayor Newton for the clarified
presentation he provided. He stated the rate committee needed this information
prior to their discussions.
George Dodson, 7309 Balmoral Drive, thanked Mayor Newton for the presentation
he provided and the hard work that has been focused on the promises the City
Council has made. He stated the committee worked as a team, and he appreciated
the opportunities provided.
Joe Moore, 133 Acuff Lane, stated being a part of the committee and that they
worked together as a team. He had questions about the remaining CIP funds from
the 2016 budget, and the 90 day reserve. He stated he supports having a CIP
funding committee, and there are issues to be addressed now rather than later.
Louis Miller, 7802 Tillman Hill Court, stated conservation is important to consider
now; in favor of keeping the Utility Fund at a higher rate; and that planning should
be based on making this a great City.
Mike Sexton, 3612 Greenbriar Court, stated his water bill has been high; there is
constant misinformation flowing about the rates, but there has been a lot of
transparency provided about the rates; and thanked the City Council for their hard
work.
Mayor Newton asked staff about the 90 day operating reserve. City Manager
Jennifer Fadden replied the $3.8 million dollars a calculation based on the Fiscal
Year 2017 Utility Fund budget of $15.5 million dollars ($15.5 million divided by
365 days times 90 equates to $3.8 million).
City Council Minutes December 6, 2016
City of Colleyville Page 16
Mayor Newton asked staff about impact fee restrictions. City Manager Jennifer
Fadden replied under state law, impact fees that are collected for utility or
roadway purposes, can only be spent on capacity enhancement projects.
Councilmember Taylor stated he appreciated Mayor Newton’s presentation and
stated he appreciated the work of the committee, and he believes in the current
rate. He stated he values having strong cash reserves on hand, but everyone has
a difference of opinion.
Mayor Newton asked Councilmember Taylor about his statement that he disagrees
about what we do in the future. Councilmember Taylor stated there was a concern
about capital improvements, but the committee was not charged with looking at
the CIP. He stated it has been said there is enough cash on hand; however, there
is a limited recovery of that cash, roughly $2 million each year. He stated the
committee suggested putting a line item on the water bill for CIP, and he would
like to adopt that idea. Mayor Newton provided a brief overview of the proposed
City Council policy steps as outlined in the presentation, and stated all are in
agreement about the line item on the water bill.
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Frank Genco, 1104 John McCain Road, spoke about tree preservation, tree
mitigation, and the tree cutting/clearing around the railroad.
Steve Waltens, 716 Duns Tew Path, spoke about conservative values in this
community and their conservative thinking; and that David Medlin was recognized
as a conservative leader in our community by Empower Texans.
Kathleen Hennessy, 5013 Stonebridge Drive, thanked Mayor Newton for his
presentation. She provided a presentation on “Stormwater drainage: The
Preservation and its neighbors.”
Ava Fryer, 5129 Stonebridge Drive, was going to speak; however, yielded her five
minutes to Ms. Hennessy.
David Medlin, 605 Montreux Avenue, suggested someone should help Ms.
Hennessy by reaching out to her.
10. REPORTS
Colleyville Library Board Minutes - August 29, 2016
Planning and Zoning Commission Minutes - October 10, 2016
Quarterly investment report for the quarter ended September 30, 2016
There was no discussion of this item.
City Council Minutes December 6, 2016
City of Colleyville Page 17
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER
6, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-4069
This resolution was not needed.
12. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the City Council meeting at 10:31 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
20TH DAY OF DECEMBER 2016.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary