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HomeMy WebLinkAboutCity Council-Minutes-2/7/2017 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, February 7, 2017 WORKSESSION 4:45 PM EXECUTIVE SESSION 6:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of non-profit sponsorship requests WS-2 Discussion of a resignation on the Colleyville Economic Development Corporation Board of Directors and an appointment to the Parks and Recreation Advisory Board WS-3 Discussion of future worksession dates WS-4 Discussion of the Citywide fiber project WS-5 Discussion of the February 7, 2017, 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 the City Attorney regarding contemplated litigation concerning enforcement of Planned Unit Development Ordinance O-13-1867 Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Jane Doe v. City of Colleyville Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Lincoln et al v. City of Colleyville City Council Agenda February 7, 2017 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 the duties of the Deputy 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 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-17-4086 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-17-4087 4a Approval of the minutes of the regular City Council meeting of January 17, 2017 4b Approval of the minutes of the City Council worksession of January 24, 2017 4c Approval of a Professional Services Agreement between the City of Colleyville and Management Advisory Group International, Inc. for a Classification and Compensation Study and authorize the city manager to execute the agreement City Council Agenda February 7, 2017 City of Colleyville Page 3 4d Approval of a construction contract with DFW Infrastructure, Inc. for the 2016 Manhole Rehabilitation Project, in an amount not to exceed $178,530 and authorize the city manager to execute the contract 4e Approval of a construction contract with A & M Construction and Utilities, Inc., for Water Project 11-John McCain Water Line Upsizing, in an amount not to exceed $372,720 and authorize the city manager to execute the contract 4f Approval of a three year Municipal and County Government Enterprise License Agreement (ELA), between the City of Colleyville and the Environmental Systems Research Institute, Inc.(ESRI), in an amount not to exceed $75,000, and authorize the city manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-17-2005 Consideration of amendments to the City of Colleyville comprehensive plan, Case GC16-024 5b Ordinance O-17-2006 Consideration of amendments to the Land Development Code regarding granting of authority to the City Council to approve waivers related to the construction of mutual access easements/drives adjacent to major arterials, and to establish a permit process for the construction of such drives; specifically Chapter 1 - General Provisions, Section 1.12 Waivers and Appeals – Generally, Section 1.13 Waivers and Appeals – City Council, and Chapter 3 - Land Use, Section 3.29 Parking Requirements, Case GC16-023 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4088 Request for a variance to the provisions of Section 7.175.D, Permanent Attached Signs – Classification and Regulations of the Land Development Code, specifically the permitted location of signage, on Lot 3A, Block 1, of the Kaybird Addition, located at 4718 Colleyville Boulevard, Case SC16-004 6b Resolution R-17-4089 Approval of a resolution calling a General Election for the purpose of electing City Councilmembers to Place 3 and Place 4 City Council Agenda February 7, 2017 City of Colleyville Page 4 6c Resolution R-17-4090 Approval of a resolution accepting the annual audit for Fiscal Year ended September 30, 2016 6d Resolution R-17-4091 Consideration of a Combination Preliminary/Final plat of Lots 1RA-1, and Lot 4, Block 1, Kay’s Circle B Bar K Ranch Addition, located at 5700 Winnie Drive and 5618 Bransford Road, Case PC16-003 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR FEBRUARY 7, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4092 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 3, 2017 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, February 7, 2017 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, February 7, 2017, at 4:45 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, Interim Chief Financial Officer Winston Duke, 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, Principal Planner Shane Pace, 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 City Manager Jennifer Fadden introduced Winston Duke as the interim Chief Financial Officer to the City Council. WS-1 Discussion of non-profit sponsorship requests Executive Director of Economic Development and Communications Mark Wood presented this item and answered City Council questions. Councilmember Nakamura asked staff about the difference between a 501(c)3 and 501(c)6 organization. Director Wood replied 501(c)3s are charitable organizations whereas 501(c)6s are business organizations, like the Chamber of Commerce, both tax exempt. Mayor Pro Tem Putnam asked staff about the reason for the sponsorship push. Director Wood replied staff has received recent requests, one from a church for their 5K which will benefit an overseas charitable group. Mayor Pro Tem Putnam asked staff what the group is looking for. Director Wood replied their first request was for promotion via the City’s communication tools, and their second request was for fee waivers. City Council Minutes February 7, 2017 City of Colleyville Page 2 Councilmember Nakamura asked staff if the City already has a protocol, which ones to do and which ones not to do regarding communication. City Manager Jennifer Fadden replied the City does not have a policy. Councilmember Coplen stated she likes the concept of a community calendar. Councilmember Nakamura agreed because everyone can use it. Councilmember Taylor asked staff at what point is the City considered to be endorsing something. Director Wood replied as long as the group meets the criteria, we would not be considered to be endorsing the event. Councilmember Nakamura asked staff if this would be done instead of providing monetary means. Mayor Pro Tem Putnam replied those are separate agreements and decided during the budget. Councilmember Nakamura asked staff which groups have had the fees waived. Director Wood replied the Lions Club has received kitchen fee waivers. Councilmember Lindamood added the Lions Club does so much for the community. Mayor Pro Tem Putnam stated he likes the calendar approach because it is fair to everybody and more organizations have access to it, and it seems more efficient. Councilmember Lindamood asked staff if the CEO group is given a discount. Director Wood replied they receive a locker at the Colleyville Center, and they receive the non-profit rate, just like the other non-profit groups. Mayor Newton asked staff if the groups are paying for the lockers. Director Wood replied no, just the use of the facility, they receive the non-profit rate. Councilmember Nakamura asked staff what is the locker fee. Strategic Services Manager Adrienne Lothery replied there are no fees for the lockers. Mayor Newton asked staff if the groups that are using Colleyville Center consistently have the right to the lockers. City Manager Jennifer Fadden replied yes. Mayor Pro Tem Putnam stated staff needs to provide clarity on making the decisions to be fair to everybody and treat everybody the same. Councilmember Nakamura asked staff if there are requests from others to utilize the lockers, but we cannot give it to them because they are not available. Manager Lothery replied space at the Colleyville Center is at a premium, but no one is banging down the doors to get to a locker. City Council Minutes February 7, 2017 City of Colleyville Page 3 Councilmember Lindamood asked staff where the lockers are located. Manager Lothery replied under the counter in the service hall. Councilmember Taylor suggested having some of the organizations utilize the Senior Center. Mayor Newton agreed we need to be consistent and said he is in agreement with staff’s recommendation. Councilmember Coplen agreed. Councilmember Lindamood asked City Council if these groups are going to be paying the regular rate. Mayor Pro Tem Putnam stated this discussion has nothing to do with rates, only with promotion. Councilmember Lindamood asked City Council what “waiving special event permit fees” means. Councilmember Coplen replied this is for communication or event promotion, the groups will still pay fees. Mayor Newton asked if “staff does not recommend waiving special event permit fees, sign fees, or any other City related fee,” includes promotion. Director Wood replied the group can currently ask for fees to be waived, and they can ask the Colleyville Center for a waiver to the fees; however, the recommendation includes no waiver of fees. Mayor Newton asked staff if the Lions Club pays for the use of the kitchen during special events. City Manager Jennifer Fadden replied they are given the discounted rate. Director Wood added there has not been a policy in place for that scenario. Councilmember Taylor asked staff what is provided for the kitchen fee, when the Lions Club is only using counter space. Director Wood replied the kitchen fee was event specific for the Breakfast with Santa event. Mayor Pro Tem Putnam stated we either treat them all the same or not. Mayor Newton asked staff about the use of other facilities, such as McPherson Park. City Manager Jennifer Fadden replied they are paying for the use of the pavilion. Councilmember Nakamura asked City Council about what had been decided. Mayor Pro Tem Putnam stated he believed the alternate recommendation was decided: “Staff could create a “community calendar” to place on colleyville.com and list events received (as long as it meets the non-profit group criteria) and promote the calendar periodically, rather than each particular event. This would save space within publications and become a one-stop-shop for residents looking for event info for community groups” used as the central promotion item where everybody has access. City Council Minutes February 7, 2017 City of Colleyville Page 4 Mayor Newton asked staff if the calendar is utilized, then nothing would go in the newsletter. Director Wood replied staff would promote the calendar. Mayor Newton asked staff about the sign fees. City Manager Jennifer Fadden replied the sign permit fees are $50. Councilmember Coplen asked staff about the Keep Colleyville Beautiful signs about the Pumpkin Smash Dash and the BBQ in the spring, are those on private property. City Manager Jennifer Fadden replied she did not know. Councilmember Nakamura asked staff if the sign fee covers per sign or per event. City Manager Jennifer Fadden replied it covers all signs per and event. WS-2 Discussion of a resignation on the Colleyville Economic Development Corporation Board of Directors and an appointment to the Parks and Recreation Advisory Board Mayor Newton presented this item and conducted the discussion with the City Council. Mayor Newton explained that he would be reaching out to Cliff LeBlanc to determine if he would be interested in being appointed to the vacant position on the CEDC. If so, he would need to resign from the Parks and Recreation Advisory Board. Mayor Newton stated the slot would then be available for the Parks and Recreation Advisory Board, so City Council could then appoint Michelle McGarry, whose application was not received during the application process. Michelle McGarry had emailed her application, but it was not received by the City prior to the Parks and Recreation Board appointments. Councilmember Nakamura asked if Ms. McGarry’s application has now been received. Mayor Newton replied yes. Councilmember Coplen asked Mayor Newton if he would reach out to these members. Mayor Newton replied yes. WS-3 Discussion of future worksession dates City Council directed staff to schedule the Economic Development and Communications worksession for March 9, 2017, at 6:00 p.m., and the City Council will have to get with the city manager regarding dates in April for the Glade Road worksession. City Council Minutes February 7, 2017 City of Colleyville Page 5 WS-4 Discussion of the Citywide fiber project Information Systems Manager Chris Pena presented this item and answered questions of the City Council. Mayor Newton asked staff if the project is five years from now for completion. Manager Pena replied five years from the start of the project. Councilmember Coplen asked staff if Grapevine is finished with their portion. Manager Pena replied they are in their first year; however, they are moving faster than expected. Councilmember Lindamood asked staff about the pulling of the fiber. Manager Pena replied Grapevine is providing the fiber and conduit to our doorstep, Colleyville will have to pay for the last mile to inside the building. Mayor Newton asked staff if our share of the costs is included in the section of Glade Road and SH26. Manager Pena replied correct, the credit Colleyville will receive is because two of the links are included in Phase 1 of the Glade Road project. Mayor Newton asked staff if that is in the estimates built in the Glade Road Phase 1 project. Public Works Director Jeremy Hutt replied yes, conduit is included. Mayor Newton asked staff how are the priorities set, first, second, and third, and is there a committee governing this project. Manager Pena replied GCISD has a committee based on the City of Grapevine borders, and as soon as we finalize the interlocal agreements, we will then be privy to the committee and will have a say in the priorities. Councilmember Nakamura asked staff who will be on the committee. Manager Pena replied there will be two representatives; however, he does not know who will be on the committee. Mayor Newton asked the city attorney about the status of the interlocal agreement. City Attorney Whitt Wyatt replied his office has reviewed the agreement, and GCISD is waiting on their staff to bless the agreement. Mayor Newton asked staff about joint ownership of the conduit and fiber. City Attorney Whitt Wyatt replied the interlocal agreement will provide the cost sharing of the maintenance, should there be damage to the conduit/fiber. Councilmember Taylor asked staff who would be the lead agency. City Attorney Whitt Wyatt replied there is not necessarily a lead agency, the established committee will oversee the costs and reimbursements for needed expenses because they will oversee the fund. He added the agreement will include how City Council Minutes February 7, 2017 City of Colleyville Page 6 repairs are resolved quickly. Manager Pena added the City of Grapevine is responsible for the project until project completion because they are the project contractor. Councilmember Lindamood asked staff if Grapevine will carry the insurance on the project for damages and such. City Attorney Whitt Wyatt replied they are covered by their insurance, and we have been assured our part is covered as well. Mayor Newton asked City Council if there is anything we may want to discuss with the school board next week. Mayor Pro Tem Putnam asked if our commercial relationship for cost sharing is the same as with Grapevine. City Manager Jennifer Fadden replied it is the same. Councilmember Taylor asked staff if from the time the project is started, it will take five years. Manager Pena replied they have allotted five years, but several elements have been moved through quicker than scheduled. Mayor Newton stated he believes the project schedule needs to be discussed. WS-5 Discussion of the February 7, 2017, City Council regular agenda items Councilmember Short asked staff about the range of bids on the consent items, and if staff feels good about the low bidder. Public Works Director Jeremy Hutt replied yes, and the chosen contractors have been very responsive. Mayor Newton adjourned the worksession at 5:46 p.m. Mayor Newton called the Executive Session to order at 6:00 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 the City Attorney regarding contemplated litigation concerning enforcement of Planned Unit Development Ordinance O-13-1867 Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Jane Doe v. City of Colleyville City Council Minutes February 7, 2017 City of Colleyville Page 7 Section 551.071 - Legal - Consultation with City Attorney regarding litigation - Lincoln et al 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 the duties of the Deputy 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 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. Executive Session was adjourned at 7:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:43 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, Interim Chief Financial Officer Winston Duke, 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, Principal Planner Shane Pace, 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 INVOCATION: Pastor Lee Johnson, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Minutes February 7, 2017 City of Colleyville Page 8 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4086 Mayor Newton read Resolution R-17-4086 in its entirety. City Manager Jennifer Fadden presented this item and briefed the City Council. Mayor Newton opened the public hearing at 7:47 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:47 p.m. Councilmember Lindamood expressed his appreciation to Deputy City Manager Chris Fuller for his leadership and support to City Council, and wished him well. Councilmembers Nakamura and Taylor concurred. Mayor Newton expressed his appreciation to Chris as well. Chris thanked the City Council and stated he would be leaving to work with the City of Cleburne. Councilmember Lindamood made a motion to approve Resolution R-17- 4086. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen Nay: 1 – Councilmember Tammy Nakamura 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Lindamood reminded everyone to sign up for the Citizen’s Police Academy before the academy’s first day, February 23, 2017. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4087 4a Approval of the minutes of the regular City Council meeting of January 17, 2017 4b Approval of the minutes of the City Council worksession of January 24, 2017 City Council Minutes February 7, 2017 City of Colleyville Page 9 4c Approval of a Professional Services Agreement between the City of Colleyville and Management Advisory Group International, Inc. for a Classification and Compensation Study and authorize the city manager to execute the agreement 4d Approval of a construction contract with DFW Infrastructure, Inc. for the 2016 Manhole Rehabilitation Project, in an amount not to exceed $178,530 and authorize the city manager to execute the contract 4e Approval of a construction contract with A & M Construction and Utilities, Inc., for Water Project 11-John McCain Water Line Upsizing, in an amount not to exceed $372,720 and authorize the city manager to execute the contract 4f Approval of a three year Municipal and County Government Enterprise License Agreement (ELA), between the City of Colleyville and the Environmental Systems Research Institute, Inc.(ESRI), in an amount not to exceed $75,000, and authorize the city manager to execute the agreement Mayor Newton read Resolution R-17-4087 in its entirety. Human Resources Director Rachel Huitt presented item 4c. There was no discussion for this item. Public Works Director Jeremy Hutt presented item 4d and briefed the City Council. Councilmember Taylor asked staff about the difference in the contract amount and the bid. Director Hutt replied the bid was structured for all Priority 1 and 2 manholes; however, the contract language specifies the project amount would be for the available funding, so there is no guarantee to cover the entire project. He added the contract includes for an amount not to exceed $178,530. Councilmember Taylor asked staff if all Priority 1 manholes would be completed, with no set schedule for the Priority 2 manholes. Director Hutt replied the intent is to strategically pick the Priority 2 manholes. Councilmember Coplen asked staff for an example of a Priority 1 manhole. Director Hutt replied a manhole that includes separations or cracks and the integrity of the manhole is evaluated and identified. Public Works Director Jeremy Hutt presented item 4e and briefed the City Council. City Council Minutes February 7, 2017 City of Colleyville Page 10 Councilmember Taylor asked staff about the disparity in range of the bids for this item. Director Hutt replied the range of bids are reflective of a very competitive market in which contractors are relatively busy. Councilmember Lindamood asked staff where the contingency fee goes if it is not used. Director Hutt replied the fee is set aside to cover items not covered in the plans. It provides flexibility of the contract, where the contract can be amended quickly, and it is completely controlled by the City. Councilmember Lindamood asked staff where the fees go if they are not used. Director Hutt replied the funding would remain in the funding source and would become unencumbered at the completion of the project to be used on a future project. Mayor Newton asked staff about the water line improvement along the north side of John McCain between Pleasant Run Road and Holly Lane, why just this section. Director Hutt replied this section has various undersized materials and are outdated, and this will increase the capacity. Mayor Newton asked staff if the line currently runs down John McCain. Director Hutt replied yes. Mayor Newton asked staff if the rest of the line is okay. Director Hutt replied the rest of the line is not a priority of the master plan. He added the project section has been identified as the 11th project on the list. Information Systems Manager Chris Pena presented item 4f and briefed the City Council. Mayor Newton asked staff if ESRI is the sole source provider because there are no other vendors who provide this type of software. Manager Pena replied there are other vendors; however, he does not know of one municipality that uses anything different other than ESRI. Mayor Pro Tem Putnam asked staff if this license is a perpetual or term license. Manager Pena replied it is a term license and only good for three years. Mayor Pro Tem Putnam asked staff if ESRI offers a true enterprise term license. Manager Pena replied ESRI has an enterprise license agreement and a single use licensing model. Mayor Pro Tem Putnam asked staff if the maintenance is inclusive in this cost. Manager Pena replied it is an annual cost of $25,000. Mayor Newton stated he calls this a lease, and the maintenance is included in the lease. City Council Minutes February 7, 2017 City of Colleyville Page 11 Mayor Newton asked staff if the examples in the slides were all items created using the ESRI system. Manager Pena replied yes, most of the reports in the City Council packets are created through ESRI. Councilmember Taylor asked staff if there is a need for interconnectivity or compatibility from one city over the other that makes it advantageous to be on the same platform. Manager Pena replied we share and connect data, especially with our border cities, and every couple of years, staff is provided data from NCTCOG. Mayor Newton opened the public hearing at 8:14 p.m. Michael Carr, 7002 Shepherds Glen, stated having a concern about having to redo the water line along John McCain Road if the roadway has to be widened in the future. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:15 p.m. In reference to Mr. Carr’s comments, Mayor Newton stated the full depth reclamation scheduled for John McCain Road does not include widening. Director Hutt stated the water line remains in the parkway; however, it will cross the road. He stated there are concerns with the roadway, that is why the water line is being installed prior to the road rehab project. He stated this will prevent any damage to the roadway for the construction of the water line. Councilmember Taylor made a motion to approve Resolution R-17-4086. 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 At this time, the minutes will reflect that Mayor Newton moved item 6c to be discussed after consent. The minutes have not been rearranged; however, the reader will notice the difference in the times slated for the public hearings. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-17-2005 Consideration of amendments to the City of Colleyville comprehensive plan, Case GC16-024 Mayor Newton read the caption of Ordinance O-17-2005. City Council Minutes February 7, 2017 City of Colleyville Page 12 Community Development Director Ben Bryner presented this item and briefed the City Council. Daniel Harrison, Freese & Nichols, presented this item and briefed the City Council. Mayor Newton asked Mr. Harrison if the 418.8 (un-developed acreage in town) net acreage in Table 2.1, Population Forecast, was arrived at from the assessment of properties with three plus acres, and if the house or improvements on the property was of lesser value than the property, that acreage would have been put into the 418 total. Mr. Harrison replied he believed so. Mayor Newton stated not being sure what this statement means, “The population projection does not consider the redevelopment of existing large lots.” (page 15 of the plan) Mayor Pro Tem Putnam stated when the Council was looking at the maximum population projection, the projection was made on vacant platted lots remaining open spaced as opposed to potential impacts from redevelopment. He added this number would not reflect the infill redevelopment. Mr. Harrison added this would be a number to monitor every year. Councilmember Taylor asked Mayor Newton if it is important to strike through the grand total acreage that includes both public and private park acreage shown in Table 7.1 Current and Projected Parkland, on page 96. Mayor Newton replied Colleyville has a great park system, but we should not try to leverage the private park acreage to make our park acreage benchmark comparison look better. Only considering the public park acreage, we are slightly under the national park benchmark standards. Councilmember Taylor asked Mr. Harrison about the 15 percent relative to residential density and how that number was arrived at. Mr. Harrison replied when you look at a subdivision and getting into the larger lots, 15 percent is the average removed for the roadways. (100 acre subdivision, 15 acres are considered roadway/sides). He added with more dense subdivisions, the roadway percentage goes up; with a more rural subdivision, the roadway percentage goes down, to about 15 percent. Councilmember Taylor asked Mr. Harrison if he is basing the percentage on a standard roadway with a curb system, and to define where the 15 percent comes from. Mr. Harrison replied it is based on what a 20,000 square foot lot subdivision uses up in right-of-way. Councilmember Short asked Mr. Harrison what is the resulting net density on a typical R20 development. Mr. Harrison replied it is 1.8 net density. Councilmember Short stated the Land Development Code indicates 2.1 density for an R20 development, excluding streets. Director Bryner stated there may be circumstances within a development in which there will be 2.1 net and gross City Council Minutes February 7, 2017 City of Colleyville Page 13 densities because of the various right-of-way needed or not needed. He added in a standard subdivision, it will trend to be more of the 1.8 dwelling units per acre. Councilmember Coplen asked Mr. Harrison what the Planning and Zoning Commission addition of “Ensure environmental concerns are included in the Land Development Code to limit development that may significantly harm the environment” means. Mr. Harrison replied it was added to replace “become the environmental leader in Tarrant County” and means were are being good stewards of the environment by considering the costs to do so to make the right decisions for the right course of action, rather than just a statement. Councilmember Coplen stated being concerned about the broad statement, and stated it could state, “Being good stewards of the environment.” Councilmember Taylor respectfully disagreed and stated costs have to be considered given rulings by the EPA. Mayor Pro Tem Putnam stated he believed that was the intent, to ensure that we were not going to be forced into something by a third party quasi-governmental entity. Mayor Newton stated the revisions are safer because you have to consider costs. Councilmember Lindamood asked Mayor Newton about the reference on page 71, number 3, “However, these enhancements should be done in a manner that maintains the character of the existing road design,” are we talking about the existing sidewalk on the road design. Mayor Newton replied he believed this point may have some Glade Road discussion in it because he reads it just for that reason. Mayor Newton open the public hearing at 9:26 p.m. Michael Carr, 7002 Shepherds Glen, asked if this document is online; as he could not find it. He suggested having the pictures on the slides for the audience to be larger, as the fonts are too small to read. Mayor Newton stated there is actually more data on the website than shown this evening. Also, Mr. Carr stated he heard discussions about rezoning current property, and he thinks that should be bilateral in nature, they bought the property under certain circumstances, how it was zoned, and the City Council should not just ram it down their throat. The following persons did not wish to speak, but did wish to register their support: Claudia Bevill, 119 Cheek-Sparger Road; and David Medlin, 605 Montreux Avenue. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:30 p.m. Mayor Newton stated the major emphasis for this plan is to protect neighborhoods. There are currently four areas which were zoned, many years ago, as higher density, but were developed as lower density. We need to be looking at changing the zoning to match the way the properties are developed. If not, during this City Council Minutes February 7, 2017 City of Colleyville Page 14 period of redevelopment, there is an inherent right to build something high density. This is the reason the statement exists in the plan, to indicate a strategy, and the owners will certainly be involved. Councilmember Short stated he had hoped the McDonwell School Road expansion had been reconsidered in the revised plan, as it was a recommendation made previously. This was a first reading and public hearing, therefore, City Council did not take any action. 5b Ordinance O-17-2006 Consideration of amendments to the Land Development Code regarding granting of authority to the City Council to approve waivers related to the construction of mutual access easements/drives adjacent to major arterials, and to establish a permit process for the construction of such drives; specifically Chapter 1 - General Provisions, Section 1.12 Waivers and Appeals – Generally, Section 1.13 Waivers and Appeals – City Council, and Chapter 3 - Land Use, Section 3.29 Parking Requirements, Case GC16-023 Mayor Newton read the caption of Ordinance O-17-2006. SH26 Project Coordinator James Hubbard presented this item and briefed the City Council. Councilmember Taylor asked staff about the positioning of the easement. Coordinator Hubbard replied the access easements will have to be engineered; therefore, the exact placement is undetermined. Councilmember Taylor suggested keeping the access as less invasive as possible, and keep them as close to the roadway as the state will allow us. He suggested working with the businesses with the placement of the easements relative to the parking spaces. Coordinator Hubbard agreed. Councilmember Taylor asked Mayor Newton if this ordinance allows the City Council to make decisions based on the uniqueness of the situation relative to the placement with the as-built properties. Mayor Newton replied he agreed, this allows for the flexibility. Mayor Newton open the public hearing at 9:40 p.m. The following person did not wish to speak, but did wish to register his support of this request: David Medlin, 605 Montreux Avenue. City Council Minutes February 7, 2017 City of Colleyville Page 15 There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:40 p.m. This was a first reading and public hearing, therefore, City Council did not take any action. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4088 Request for a variance to the provisions of Section 7.175.D, Permanent Attached Signs – Classification and Regulations of the Land Development Code, specifically the permitted location of signage, on Lot 3A, Block 1, of the Kaybird Addition, located at 4718 Colleyville Boulevard, Case SC16-004 Mayor Newton read Resolution R-17-4088 in its entirety. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Coplen asked staff where the front door of the bank will be located. Director Bryner explained the location of the bank front door with the exhibits provided. Councilmember Coplen asked staff if the sign placement will help people to know where the bank door is located, by being used as a visual. Director Bryner replied the placement helps with that and visibility along SH26. Councilmember Taylor asked staff how the property owner is going to place signs for the other tenants. Director Bryner replied the property owner has stated being aware of the limitations. Councilmember Short asked staff if the lease space to the right is vacant. Director Bryner replied it is his understanding that it is vacant. Mayor Pro Tem Putnam asked staff if the space to the right is another lease space. Director Bryner replied yes. Councilmember Short asked staff if the space is leased, will the sign be allowed. Director Bryner replied yes. Councilmember Lindamood asked staff if the lease space to the right extends to the far left, once you are in the space. Director Bryner explained the location of the lease spaces with the exhibits provided. City Council Minutes February 7, 2017 City of Colleyville Page 16 Mayor Newton stated the placement of this sign could create an issue for the other tenant’s signs. Director Bryner agreed. Councilmember Lindamood asked staff if there is a second door behind the brick column. Director Bryner replied there is only one door. Councilmember Lindamood asked staff if the property owner could further break- out the lease spaces. Director Bryner replied yes, but he stated it may not make sense to do so. Councilmember Coplen asked staff if the placement for the sign is flat. Director Bryner replied yes. Mayor Newton stated he will be voting to deny the request, as he believes the Land Development Code is correct for this case. Councilmember Coplen asked staff if any of the building has been leased. Director Bryner replied a pizza place has been leased, and it has been in place for a long time. Councilmember Coplen asked staff if this is the extent of how large the sign can be. Director Bryner replied yes, based on the width of the wall. Councilmember Coplen asked staff if they move the sign over, could it be larger. Director Bryner replied he believes it could be a little bit larger, potentially. Mayor Newton opened the public hearing at 9:50 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in support of this request and stated signage is hard to see from the roadway when it is so small, and anything is good to help the businesses. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:52 p.m. Mayor Newton made a motion to deny Resolution R-17-4088. Councilmember Lindamood seconded the motion. The motion to deny 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 February 7, 2017 City of Colleyville Page 17 6b Resolution R-17-4089 Approval of a resolution calling a General Election for the purpose of electing City Councilmembers to Place 3 and Place 4 Mayor Newton read Resolution R-17-4089 in its entirety. City Secretary Amy Shelley presented this item and briefed the City Council. Mayor Newton asked staff if Tarrant County choses the election judges. City Secretary Amy Shelley replied yes. Councilmember Taylor asked staff why the resolution calling the election is done after the applications for a place on the ballot has been open for ten days. City Secretary Amy Shelley replied the election is called per the election code during a certain time frame. Councilmember Taylor asked staff why a special meeting is not called for City Council to call the election prior to the application time frame. City Secretary Amy Shelley replied staff will look at the calendar prior to calling next year’s election. Mayor Newton opened the public hearing at 10:01 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:01 p.m. Mayor Pro Tem Putnam made a motion to approve Resolution R-17-4089. 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 6c Resolution R-17-4090 Approval of a resolution accepting the annual audit for Fiscal Year ended September 30, 2016 Mayor Newton read Resolution R-17-4090 in its entirety. John Manning of Patillo, Brown and Hill, presented this item and briefed the City Council. Councilmember Taylor asked Mr. Manning what are considered “governmental activities and business type activities.” Mr. Manning replied the business type activities are two funds, water and sewer. These two funds are supposed to City Council Minutes February 7, 2017 City of Colleyville Page 18 generate enough funds to cover their costs, like a regular business. The governmental activities houses all of the other services that the City are required or want to offer, but are unable to charge a fee for. City Manager Jennifer Fadden added the two funds Mr. Manning references are the Utility Fund and the Drainage Fund. Mayor Newton asked Mr. Manning about the unrestricted net position of the respective major proprietary funds which are water and wastewater of $15.3 million, and drainage utility of $1.9 million; are those the available funds in those two. Mr. Manning replied yes, and stated the unrestricted net position is made up of two things, all of the capital outlay less debt, and then unrestricted. Councilmember Taylor asked Mayor Newton if that reflects the CIP. Mayor Newton replied this is the unrestricted net position, which is available cash money. Former Chief Financial Officer Brian Hogan added the unrestricted net position is cash, but it is the total assets minus the total liabilities, so not all of it is cash. Mayor Newton asked Mr. Hogan if the $13.6 million to $15.3 was reflective of the fine tuning of the numbers. Mr. Hogan replied yes, it is reflective of the final revenue and expenditures for the year. Councilmember Taylor asked Mr. Hogan if the difference was in excess revenue or assets. Mr. Hogan replied some of it was from assets and cash, added infrastructure costs, and associated bond costs, and are an increase to net position. Councilmember Taylor asked Mr. Hogan what he is referring to with “assets.” Mr. Hogan replied assets are things we have, inventory, such as meters, and receivables from customers, but not collected. Mayor Newton asked Mr. Hogan if the difference in the income over expenses of $1.6 million could be used for projects or to pay off debt. Mr. Hogan agreed. Councilmember Taylor asked Mr. Hogan if the utility fund costs are being charged within the actual fund rather than transferring the money to the general fund and charging them there. Mr. Hogan agreed. Councilmember Taylor asked Mr. Hogan if that will be seen within this CAFR. Mr. Hogan replied correct, it will take effect in FY2017. Councilmember Taylor asked Mr. Hogan how that is seen in this CAFR. Mr. Hogan replied there will not be a transfer this year. Mayor Pro Tem Putnam stated the transfer was never directly attributable to water/wastewater operations in the General Fund. It was General Fund. Mr. Hogan City Council Minutes February 7, 2017 City of Colleyville Page 19 agreed, and stated that it why it is shown below the operating expenses because it was not a true operating expense of the fund. Councilmember Taylor asked Mr. Hogan if we are accounting for the operational costs of that department. Mayor Newton answered it is already in the expenses. Mayor Newton opened the public hearing at 8:48 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:48 p.m. Mayor Pro Tem Putnam made a motion to approve Resolution R-17-4090. 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 6d Resolution R-17-4091 Consideration of a Combination Preliminary/ Final plat of Lots 1RA-1, and Lot 4, Block 1, Kay’s Circle B Bar K Ranch Addition, located at 5700 Winnie Drive and 5618 Bransford Road, Case PC16-003 Mayor Newton read Resolution R-17-4091 in its entirety. Community Development Director Ben Bryner presented this item and briefed the City Council. Chas Fitzgerald and Brandon Luedke, Wilbow Corporation; and, Craig Malan and Lori Lusk, Kimley-Horn were available to answer questions of the City Council. Mayor Newton asked staff if the lots on the street coming into the subdivision are R20. Director Bryner replied yes. Mayor Newton asked Mr. Fitzgerald about the development time period, as it is not listed in the HOA covenants. Mr. Fitzgerald replied Wilbow remains the declarant until the actual build-out of the residences on the lots. Mayor Newton asked staff if this plat had to come before City Council for approval because of the private streets. Director Bryner replied his understanding is this was originally an R20 zoning request with private streets. He stated Chapter 10 of the Land Development Code requires approval by the City Council, and when it changed from an R20 zoning request to a PUD, this ensured City Council would still have to approve the private street component. City Council Minutes February 7, 2017 City of Colleyville Page 20 Mayor Newton asked staff what happens if the plat is denied. Director Bryner replied he believed what is being approved is the private streets, but if that is denied, the streets would have to be public. City Attorney Whitt Wyatt added the reasons are two-fold: 1) the Land Development Code requires any private street comes before Council; 2) this PUD includes the developer to develop a private street and follow the Land Development Code. He stated the streets are on a plat, and therefore, we have to follow the plat adoption rules. Mayor Newton asked staff why are we here to approve the plat. City Attorney Whitt Wyatt replied the Land Development Code requires City Council final approval over the plat, and or the designation of private streets, which in this case is in the plat. Mayor Newton asked staff if the approval of the private streets only applies to the PUD portion of the plat, given there are lots zoned R20 on the plat. City Attorney Whitt Wyatt replied the approval applies to the entire area of the PUD, within the legal descriptions of the PUD. Mayor Newton asked staff if the notes pages are included with the plat. Director Bryner replied yes, page two will be include with the resolution. Mayor Newton asked staff about screening for the lots that go right up against the entrance into the subdivision, and if there were any concerns. Director Bryner replied there was a comment made during a Planning and Zoning Commission meeting which expressed concerns; however, there is not a requirement for the developer to provide screening since it is residential adjacent to residential. Mayor Newton asked Mr. Malan about the outflow from the detention pond. Mr. Malan replied it will be less than predevelopment conditions. Mayor Newton asked Mr. Malan if the pond will always have water in it. Mr. Malan replied yes, there is going to be a normal water, with storage volume above that for the excess drainage, with the same outflow. Mayor Newton asked Mr. Malan about seepage from the other pond. Mr. Malan replied they are going to have a clay liner in the new pond to eliminate the seepage, which will improve the situation. Mayor Newton asked Mr. Malan if that is the standard way to build a good detention pond. Mr. Malan replied yes. Mayor Newton asked Mr. Malan if there are any elevation from the pond is going to be higher to maintain the flows inside. Mr. Malan replied yes. City Council Minutes February 7, 2017 City of Colleyville Page 21 Mayor Newton asked staff if all trees are included in the computation (canopy coverage) or only some trees. Director Bryner replied most trees, and any tree that is six inches or larger that is not on the exempted list. Mayor Newton asked staff about the building setbacks, and if they are actually larger than the building area. Director Bryner replied yes, and that is the exempted area. Mayor Newton asked staff if that is a challenge that needs to be changed in the ordinance. Director Bryner replied that is something that needs to be looked at. He added trees removed from the exempted area have to be mitigated if they count towards the tree canopy calculation. Mayor Newton asked staff what the square box outlined on the individual lots represent. Director Bryner replied that is the area the developer has defined as the exempted area, and it does not truly comply with the setback requirements. Councilmember Taylor asked staff if the trees are exempted within the dotted line area. Director Bryner replied they are in an exempted area, but are counted towards the canopy calculations. Councilmember Taylor asked staff if the homeowner puts in a pool, would those trees be allowed to be removed. Director Bryner replied the trees would not be allowed to be removed and the homeowners would know when purchasing the home. Councilmember Nakamura asked City Council if anyone has looked to see if there is area available to put in a pool. Director Bryner replied all would have an opportunity, but some would have to be a little more proactive in their design. Mayor Newton opened the public hearing at 10:43 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request with concerns about flooding on Bransford Road with the construction of these homes. Mary Utley, 5704 Oak Top Drive, spoke in opposition to this request with concerns about drainage and seepage from the pond. Jill Tate, 5605 Winnie Drive, spoke in support of this request, and stated originally they only had concerns about the egress on Winnie Drive. There were no others present wishing to speak and Mayor Newton closed the public hearing at 10:53 p.m. Mayor Newton asked Mr. Malan about the wall around the detention pond. Mr. Malan used an exhibit to show the location of the wall. City Council Minutes February 7, 2017 City of Colleyville Page 22 Councilmember Lindamood asked Mr. Malan about the fall (elevation) from the wall to Mrs. Utley’s property. Mr. Malan replied they are matching the existing slope now. Mayor Newton asked Mr. Luedke about fencing or vegetation plans for around the development. Mr. Luedke replied there are landscaping plans for trees that line the west and north side of the detention pond. Mayor Newton asked Mr. Luedke about landscape plans for around the entire development. Mr. Luedke replied there will be no perimeter fencing. Councilmember Short made a motion to approve Resolution R-17-4091. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen Nay: 1 – Mayor Richard Newton 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, spoke about a curb being hit at Glade Road and Bedford Road. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR FEBRUARY 7, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4092 There was no discussion on this item. 9. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 11:05 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 21ST DAY OF FEBRUARY 2017. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary