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HomeMy WebLinkAboutCity Council-Minutes-2/21/2017 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 21, 2017 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, February 21, 2017, at 3:30 p.m. ROLL CALL: Mayor Richard Newton and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam City Manager Jennifer Fadden, Assistant City Manager/Director of Public Safety Mike Holder, Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood, 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, Community Development Director Ben Bryner, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Recreation and City Events Manager Lisa Escobedo, Colleyville Center Manager Leslie Hill, Interm Chief Financial Officer Winston Duke, 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 Overview and discussion of City special events Recreation and Library Director Mary Rodne presented this item and briefed the City Council. Mayor Newton asked staff if the $3,800 includes the admission fees and running the Winter Ball event. Director Rodne replied yes. Mayor Newton asked staff how much the grants are from the Texas Commission on the Arts. Director Rodne replied the grant is based on a percentage of the total fee, and last year the City received $3,750. Councilmember Coplen asked staff if you have to be a part of the Commission to receive a grant. Director Rodne replied there are specific guidelines to follow and there are specific performers to use as part of the requirements of the grant. Councilmember Lindamood asked staff if a performer was chosen, who is not on the list, would we qualify for a grant. Director Rodne replied no. City Council Minutes February 21, 2017 City of Colleyville Page 2 Councilmember Lindamood asked staff if other performers could be considered. Director Rodne replied one of the challenges to the event is that it was chosen as a patriotic event, and we cannot have fireworks because of the space. Councilmember Coplen stated it would be nice to switch out performers. Councilmember Lindamood asked staff if there is a list of performers City Council could view. Director Rodne replied yes, there is a list on the Texas Commission on the Arts website. Councilmember Coplen asked staff when the performers have to be booked for the Red, White, and Sousa event. Director Rodne replied the grant is usually due before the end of April, and the performers are earlier, usually in the fall. Councilmember Lindamood asked staff if a performer is already booked. Director Rodne replied not yet. Councilmember Lindamood asked staff who usually picks the performer. Director Rodne replied we as staff will pick the performer. Mayor Newton asked staff if the $87,000 to hold the four main events comes from CEDC. Director Rodne replied yes. Mayor Newton asked staff what year the events committee was dissolved. Director Rodne replied it was dissolved in April 2015. Councilmember Coplen asked staff who is the person that volunteers will contact. Director Rodne replied the Library and Recreation staff work with the volunteers, and also the National Charity League gets involved. Councilmember Lindamood asked staff where the Red, White, and Sousa name come from. Director Rodne replied the economic development group and committee came up with the name. Councilmember Short added the Fort Worth Symphony played a lot of sousa type music. Mayor Newton asked City Council if we want to assess what has been done to see if we want to continue to keep doing these events. He stated if we put an events committee back together, they will need clear direction on what their tasks are. Councilmember Taylor suggested taking a fresh look at the events to ensure the resources are being used appropriately. Councilmember Coplen asked staff if the hotel tax (HOT) can be used on decorations. City Manager Jennifer Fadden replied staff will need to take a look at that. The HOT is to be used on items/events that have a direct correlation to “putting heads in beds”, with a purpose to drive tourism into our City. She stated staff will have a better look at the HOT going into the FY18 budget, and what those funds could be properly applied to. City Council Minutes February 21, 2017 City of Colleyville Page 3 Councilmember Taylor asked staff if there is a report from the hotel to know how many rooms are rented to Colleyville connections, such as businesses or family events (Colleyville driven reservations). Director Wood replied it would be helpful data, and he would have to check with the hotel. Councilmember Nakamura asked City Council what people are saying about the events. Councilmember Coplen replied most love the Red, White, and Sousa event, but they would like a rotation of performers and the haunted trail event is good. Councilmember Taylor added the BBQ is a heritage event and a sanctioned cook-off. Mayor Newton added there are many things that could be looked at and maybe improved upon, which are all things in which a committee could review with a fresh recommendation. Mayor Newton stated we will not be able to depend on a committee for the Red, White, and Sousa event, given the timing of having to reserve a performer. City Manager Jennifer Fadden stated staff can identify some options for performers for Red, White, and Sousa, in a fairly short order, for the City Council to review. She added staff can then arrange an application process for an events committee. Mayor Newton suggested we need to draft a clear charge for the committee, prior to the application process. WS-2 Presentation and discussion of the 2017 Clean Sweep event Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton asked staff if there will be a sign letting the driver know which lane to get in. Manager Lothery replied yes, and there will be lots of volunteers in the queuing area. Councilmember Lindamood asked staff if a flag or barricades are put out when the Crud Cruiser is full. Manager Lothery replied yes. Mayor Newton suggested putting out signs when the paint is full, or someone to walk the line letting everyone know when it is full. Mayor Newton asked staff which is the second most popular item collected. Manager Lothery replied we only count the number of cars for the Crud Cruiser as there is not a way to count the others. Mayor Newton asked staff if the brush pick up ever fills up. Manager Lothery replied no. City Council Minutes February 21, 2017 City of Colleyville Page 4 Councilmember Lindamood asked staff if trailers are allowed to be brought in. Manager Lothery replied yes, as long as they are residential. Councilmember Taylor asked staff if we become full with the Crud Cruiser, can people be sent to the collection center (HHC). Manager Lothery replied yes, and it is not that far down the road. She stated the communication efforts will advertise this information too. Mayor Newton asked staff if the collection center is open that day. Manager Lothery replied yes. Councilmember Lindamood suggested having the information available to the people in line, ahead of time, like on the service road. Councilmember Taylor asked staff about the electronics recycling. Manager Lothery replied this service is provided for free because that contractor then sells the items. Mayor Newton asked staff about where to go to refill a fire extinguisher. Fire Chief Brian Riley replied there are places to refill them in the yellow pages. Mayor Newton asked staff if it is worth it to refill them. Chief Riley replied it is worth it to refill them because the refillable ones are usually quite sturdy. Councilmember Short asked staff about the cork recycling. Manager Lothery replied there is a market for recycling those items. Parks Manager Heather Dowell added corks are made from actual cork trees, which are in shortage. WS-3 Follow-up discussion regarding the drainage worksession Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Newton asked staff when enforcement regulations are done, during the development stage or when the homes are being built. Director Hutt replied at the time of acceptance of public improvements, and public improvements are not accepted until compliant, and are to remain in compliance through the building process. Mayor Newton asked staff if this is done for every lot. Director Hutt replied yes, and prior to the issuance of a certificate of occupancy. Mayor Newton asked staff when the form (third party verification of compliance) is submitted to the City. Director Hutt replied the form must be submitted prior to the final inspection. Councilmember Lindamood asked staff if the grading plan must be in compliance before the construction of structures, and if it is then handed off to each lot. City Council Minutes February 21, 2017 City of Colleyville Page 5 Director Hutt explained the process of the forms being submitted during development. Councilmember Lindamood asked staff if all documents have to be in place before building a structure. Director Hutt replied yes, the development process includes the streets and infrastructure (public acceptance is completed), then the lots are able to be built upon. He said there are two different processes. Councilmember Lindamood asked staff if all of those items were in place before the homes were to be built in the Preservation development. Director Hutt replied yes. Councilmember Taylor asked staff if he is referring to the vegetation that was in place when the builders took the lots. Director Hutt replied yes, before there were quite a bit of weeds, and any type of vegetation is the best erosion control. Mayor Newton asked staff if the City has the authority to make necessary changes to the erosion control plans. Director Hutt replied yes, the City works with the builder/developer to make sure the erosion control is in place and not eroding from the site. Mayor Newton suggested moving up the review of the Storm Drainage Master Plan from 2019 to now. City Councilmembers agreed. Director Hutt stated staff will start the process to get it completed this fiscal year. Councilmember Taylor asked staff if they will complete the plan or will a consultant do this. Director Hutt replied a consultant will do this. Councilmember Short asked staff when the prior plan was done. Director Hut replied 1998. Mayor Newton stated a lot of development has taken place since this study was completed. Councilmember Taylor asked staff about the timeframe for this plan. Director Hutt replied it will take eight to nine months, depending on community involvement, and it will depend on the scope of services. Councilmember Short asked staff if everything in the 1998 plan was completed. Director Hutt replied there were some debt issuances done to complete projects, and the remaining projects may not be the number one priority. He stated the assessment will help in determining what the priorities would be. Misty Christian, Kimley-Horn, provided an update of the Tara Plantation/Little Bear Creek information. Councilmember Short asked Ms. Christian if the new bridge would be put in the same spot or on a different elevation. Ms. Christian replied the bridge is a City Council Minutes February 21, 2017 City of Colleyville Page 6 pedestrian bridge and since it has been modeled by FEMA, she would suggest putting it back in the same location with the same elevation. Councilmember Coplen asked staff who owns the property where the bridge is located. Director Hutt replied it is park property. Councilmember Nakamura asked staff about the age of the bridge. Director Hutt replied it is unknown. Councilmember Lindamood asked Ms. Christian if rip-rap from the area road construction could be placed along the sides rather than gabion structures. Ms. Christian replied riprap could be placed along the sides, but it could cause a blowout downstream as the velocity of the water would be increased. Councilmember Lindamood stated what he is talking about is more like crushed concrete but a little heavier. Councilmember Taylor asked Ms. Christian if the gabions also create problems with water velocity or do they dissipate the flow. Ms. Christian replied it does dissipate, but sometimes trash does collect. Mayor Newton stated it depends on the rocks. Councilmember Taylor stated the gabions look better, aesthetically, as a park element. Councilmember Coplen asked staff who owns the property downstream of the pedestrian bridge. Director Hutt replied it is private property, and Ms. Christian was not challenged with deciding about property ownership. Councilmember Short asked about the wall along the area behind 4104 Savannah Court. Ms. Christian replied the homeowner has built this wall and it is functioning well. Councilmember Lindamood asked Ms. Christian about how long before the creek erodes to the trail at the area behind Savannah Court. Ms. Christian replied she does not know, it will depend on Mother Nature. Councilmember Taylor asked Ms. Christian if they measured encroachments with google maps. Ms. Christian replied she is not sure if this area would show up because of the tree coverage in this area. She stated she has done that before. Councilmember Coplen asked staff about property ownership of the easement. Ms. Christian replied it is not FEMA, and Director Hutt replied it is a drainage and pedestrian easement, dedicated to the public, but it does not mean someone else does not maintain it. City Council Minutes February 21, 2017 City of Colleyville Page 7 Councilmember Coplen asked if that is typical of all creeks. Director Hutt replied all new developments with floodplain or floodway areas are required to be dedicated in a drainage easement. Councilmember Coplen asked if there are some developments without these easements. Director Hutt replied correct. Mayor Newton stated it is hard to believe there is not a drainage easement along the entire creek. Councilmember Nakamura asked staff who is responsible for the area. Director Hutt replied the City has no maintenance responsibility in this area. He added even with a drainage easement, the City is not obligated to maintain it. Mayor Newton stated the City is obligated to clean up any plugged up areas along a drainage easement. Director Hutt concurred. Councilmember Taylor asked Ms. Christian if the flume is fully discharging into the creek or is it ponding under the flume. Ms. Christian replied it may be holding a little, but most goes to the creek. Councilmember Taylor asked Ms. Christian if the flume area should stay dry. Ms. Christian replied yes. Councilmember Taylor asked staff if there are underground constant water issues in Tara. Director Hutt replied yes, there is so much water getting pushed through that area, which probably explains why the grate was placed there. Councilmember Nakamura asked staff who put in the trail. Director Hutt replied it was put in by the developer as part of the amenities for the subdivision. Councilmember Short asked staff if the grate was added later. Director Hutt replied he believes so. Councilmember Lindamood asked Ms. Christian if the cleanup would consist of cleaning up the inside of the creek bed, and not the outside areas. Ms. Christian replied correct. Councilmember Coplen asked staff if the cleaning up of this creek would set a precedence. Director Hutt replied yes, there could be additional requests from other properties that may have similar situations. Mayor Newton asked staff what it would take to do a Public Improvement District (PID). City Attorney Whitt Wyatt replied the City would go through the public hearing process and would provide notice to the residents to allow them to provide input and administrative costs would need to be established. City Council Minutes February 21, 2017 City of Colleyville Page 8 Councilmember Short asked Mayor Newton if 100 percent of the homeowners would have to be on board with a PID. Mayor Newton replied he does not know at this time, there are questions to be answered about how to go about doing this. Councilmember Lindamood stated the homeowners have about $40,000 dollars saved, and they have asked for the City to help with the materials to clean up the area. He stated there are materials located at the Public Works Service Center that could be used. Councilmember Nakamura stated she believes we need to help these homeowners, and the idea of a PID seems to be a good idea. Councilmember Taylor stated he wonders if the creek is the problem or is the trail proximity to the creek the problem. Mayor Newton stated he believes there may be areas in which the trail could be moved. Councilmember Taylor stated it could be that the trail could be moved into the parks trail system. Manager Dowell replied making the trail part of the parks system could be problematic given ADA requirements. Mayor Newton stated we need to know about what it takes to do a PID and/or maybe moving the trail. Councilmember Taylor asked staff if making the trail private has the same ADA requirements. Manager Dowell replied she did not know about the private aspect. Mayor Newton stated we are going to proceed forward with the Storm Water Master Plan, finding out about the PID, and staff will monitor the bridge. WS-4 Discussion of future Glade Road worksession dates City Council decided upon Monday, April 17, 2017 to hold a Glade Road worksession. WS-5 Discussion of the February 21, 2017, City Council regular agenda items There was no discussion of this item. Mayor Newton adjourned the worksession at 6:18 p.m. Mayor Newton called the Executive Session to order at 6:19 p.m., and called the roll. ROLL CALL: Mayor Richard Newton and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor City Council Minutes February 21, 2017 City of Colleyville Page 9 Absent: Mayor Pro Tem Chris Putnam 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with 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 contemplated litigation concerning pending construction activity and operations of the TexRail project within the City Section 551.071 - Legal - Consultation with the City Attorney regarding contemplated, threatened and/or pending litigation – legal update on the following litigation: Jane Doe v. City of Colleyville Haworth v. City of Colleyville 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 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 recessed at 7:26 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:34 p.m. City Council Minutes February 21, 2017 City of Colleyville Page 10 ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor Absent: Mayor Pro Tem Chris Putnam City Manager Jennifer Fadden, Assistant City Manager/Director of Public Safety Mike Holder, Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood, 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, 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 INVOCATION: Pastor Blake Wilson, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4093 Mayor Newton read Resolution R-17-4093 in its entirety. Mayor Newton opened the public hearing at 7:38 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:38 p.m. Councilmember Lindamood made a motion to approve Resolution R-17- 4093. Councilmember Short seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen Absent: 1 – Mayor Pro Tem Chris Putnam 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 February 21, 2017 City of Colleyville Page 11 Councilmember Coplen announced the Dancing with the Stars competition to be held on Saturday, February 25, 2017, and Strategic Services Manager Adrienne Lothery will be the City’s participant in the event. She welcomed Boy Scout Troop #344 to the meeting. Mayor Newton suggested having Boy Scout, Cub Scout, and Girl Scout troops to begin leading the pledge to the Texas Flag at the beginning of the City Council meetings. In recognition of Colleyville's Featured Business of the Month - A & L Imports, 1815 John McCain Road - Andy and LeAnne Gardner, Cooper Johnson, and David Pickle - Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood welcomed Andy and LeAnne Gardner, Cooper Johnson, and David Pickle of A & L Imports, and recognized the company as the featured business of the month. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4094 4a Approval of the minutes of the regular City Council meeting of February 7, 2017 4b Approval of a construction contract with Fort Worth Civil Constructors, LLC, for the Bedford Road Retaining Wall Project, in an amount not to exceed $1,064,736.60, and authorize the city manager to execute the contract and any associated change orders 4c Approval of a Professional Services Agreement with BRANDSTETTER, CARROLL, INC., for a Parks, Recreation, and Open Space Master Plan, in an amount not to exceed $100,000, and authorize the city manager to execute the agreement Mayor Newton read Resolution R-17-4094 in its entirety. Public Works Director Jeremy Hutt presented item 4b. Councilmember Taylor asked staff about the life expectancy of the wall once constructed. Director Hutt replied in excess of 50 years, given the design of this wall. Mayor Newton asked staff if the wall and the roadway work will be completed at the same time. Director Hutt replied yes, the wall will be done first with the roadway surface to follow. City Council Minutes February 21, 2017 City of Colleyville Page 12 Parks Manager Heather Dowell presented item 4c. Mayor Newton asked staff if this master plan will include the planning for trails. Manager Dowell replied yes, it was one of the highest priorities set. Mayor Newton opened the public hearing at 7:56 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the Bedford Road retaining wall project with concerns of costs, and asked if the Parks Master Plan consultant is local. There were no others present wishing to speak and Mayor Newton closed the public hearing at 7:59 p.m. Mayor Newton stated the consultant for the Parks Master Plan is a Dallas firm, and the retaining wall firm is a Keller company. He explained the retaining wall project is expensive, especially with the preservation of the trees, but it is something that needs to be done, otherwise the wall is going to fall down. Councilmember Lindamood asked Mayor Newton when the original wall was built. Mayor Newton replied it was built when Saddlebrook was developed, at least 30 years ago. Councilmember Short asked Mayor Newton if the wall is in the City’s right-of-way. Mayor Newton replied yes. Councilmember Taylor made a motion to approve Resolution R-17-4094. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen Absent: 1 – Mayor Pro Tem Chris Putnam Mayor Newton requested for item 5a to be heard as soon as Mayor Pro Tem Chris Putnam can join the meeting. The minutes will reflect the correct times in which the public hearing items were heard. Mayor Pro Tem Chris Putnam was present for items 5a, 7-11. City Council Minutes February 21, 2017 City of Colleyville Page 13 5. ORDINANCE(S): SECOND 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. Community Development Director Ben Bryner and Daniel Harrison, Freese & Nichols, presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:48 p.m. Beverly Mavis, 4301 Green Meadow Street E, spoke in opposition to this request with concerns of traffic congestion, and Glade Road improvements. Tony Seris, 5000 Montclair Drive, spoke in support of this request. George Dodson, 7309 Balmoral Drive, spoke in support of this request and stated the Planning and Zoning Commission spent time to review the document for consistencies. He stated the Planning and Zoning Commission has asked for an update to Appendix A and B, but no time frame was indicated for that. Kathy Hadley, 204 Timberline Drive North, spoke in support of this request and asked City Council to preserve the country atmosphere. David Medlin, 605 Montreux Avenue, spoke in support of this request, and added there are other roads to repair besides Glade Road, and asked for City Council to continue to be transparent. The following did not wish to speak, but did wish to register their support: Judy Chappell, 1716 Glade Road; Claudia Bevill, 119 Cheek-Sparger Road; Iris Graves, 516 Shelton; and Elizabeth Zeitlin, 1800 Glade Road. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:02 p.m. Mayor Newton stated there are separate worksessions scheduled and have been held to methodically work through design options for Glade Road. Phase 1 is underway, with the process of acquiring right-of-way, which takes time. If we are not able to get a piece of right-of-way, the design will be modified, which will not change functionality. There will be sidewalks. Phase 2 is being reviewed and options are being considered for the right design. He stated all of this takes time, almost 10 years to get from Phase 1 through Phase 4. The mentioning of Glade Road was added to this plan because it is getting attention and is being discussed. There are numerous word changes to provide clarity, such as with the adjustment City Council Minutes February 21, 2017 City of Colleyville Page 14 of sidewalk and/or trail sizes. He encouraged everyone to attend the next Glade Road worksession to be held on April 17, 2017. The changes in this plan provides consistency, and he expressed his appreciation to the Planning and Zoning Commission for their thorough review. This is a policy document and it needs to stand the test of time by being clear and consistent. Councilmember Lindamood made a motion to approve Ordinance O-17- 2005. Councilmember Nakamura seconded the motion. Councilmember Short asked Mayor Newton if this comp plan precludes the City Council from approving a residential development that is seeking to go where a commercially zoned property currently exists. Mayor Newton replied the City Council will have a lot of latitude in doing things, the question will be if the development is consistent with the intent of the plan. Councilmember Coplen expressed her appreciation to the changes made, and stated it is important to recognize the detail done in the past year and half by citizens who provided comments and suggestions to the plan. This plan is to be used as a guide, but it is not the final word by the City Council. Councilmember Taylor agreed and expressed his appreciation to Mayor Newton for his attention to detail. Mayor Pro Tem Putnam stated the original document was for continuing to invest in higher density developments in Colleyville. In the last 10 years, we have 20 small lot developments that were approved well in excess of the 1.8 density. He expressed his appreciation of the work completed for the changes made to this plan. Mayor Newton stated this document reflects what Colleyville represents and it will be used as a guide in making future decisions. Councilmember Lindamood stated he is proud of this document, and the uniqueness Colleyville represents. 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 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, City Council Minutes February 21, 2017 City of Colleyville Page 15 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. Mayor Newton opened the public hearing at 8:08 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in support of this request and stated this will be good for residents and businesses. Tony Seris, 5000 Montclair Drive, spoke in support of this request but stated having a concern about the intersection of SH26 and Tinker. David Medlin, 605 Montreux, spoke in support of this request, with a question if this is a blanket approval, especially given there are existing parking lots and buildings. The following persons did not wish to speak, but did wish to register their support: Judy Chappell, 1716 Glade Road and Claudia Bevill, 119 Cheek-Sparger Road. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:11 p.m. Mayor Newton stated this is not an approval for anything, this is changing the Land Development Code to allow a process for the City Council to consider waivers. There are existing buildings and locations that may have problems with parking during and after roadway construction. He stated connections made between parking lots may require the removal of parking spaces and this change will allow the City Council to make the right decisions relative to waiver requests. Councilmember Nakamura asked Mayor Newton if this is done, will the businesses have to agree to this, or how will this will work. Mayor Newton replied this does not give approval or force anything. This is something that will make sense from a City perspective and there may be action taken on the business side to get this accomplished. Coordinator Hubbard concurred the business owners would need to agree upon the access. Councilmember Taylor made a motion to approve Ordinance O-17-2006. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: City Council Minutes February 21, 2017 City of Colleyville Page 16 Aye: 6 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen Absent: 1 – Mayor Pro Tem Chris Putnam 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4095 Consideration of appointments to the Colleyville Tree Board Mayor Newton read Resolution R-17-4095 in its entirety. 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 8:17 p.m. Councilmember Short made a motion to approve Resolution R-17-4095. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen Absent: 1 – Mayor Pro Tem Chris Putnam 6b Resolution R-17-4096 Consideration of appointments to the Park Land Dedication Committee Mayor Newton read Resolution R-17-4096 in its entirety. Mayor Newton opened the public hearing at 8:19 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:19 p.m. Councilmember Short made a motion to approve Resolution R-17-4096. Councilmember Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Mike Taylor, and Nancy Coplen Absent: 1 – Mayor Pro Tem Chris Putnam City Council Minutes February 21, 2017 City of Colleyville Page 17 7. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 7a Monthly Financial Report - January 2017 Interim Chief Financial Officer Winston Duke presented this item. Mayor Newton stated he does not believe the statement in the staff briefing assigning partial costs to increase water usage to the rate change is accurate. There is not enough data yet to talk about the modified rate structure relative to the Utility Fund. The newest rates just went into effect in January. The biggest factor was the fact that there was 10 inches less rain one year over the other year. Mayor Newton stated it is good for the City Council to publically review the financial report each month. 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, expressed her appreciation to City Council about their work; stated the bar ditches on Glade Road are nothing compared to the ditch on Jackson Road which has gotten deeper over the years and something needs to be done to fix them. Mark Harrison, 1421 Douglas Avenue, stated people are not supposed to attack people and their opinions. He expressed his appreciation to the city manager for staying on another two months. 9. REPORTS Planning and Zoning Commission Meeting Minutes - January 9, 2017 Library Board Meeting Minutes - November 14, 2016 Zoning Board of Adjustment Meeting Minutes - October 11, 2016 Parks and Recreation Advisory Board Meeting Minutes - July 18, 2016 There was no comment about these. Quarterly Performance Management Report Mayor Newton stated the STAR Report is a useful document. City Manager Jennifer Fadden stated this document is basically the staff’s to do list, based on requests from City Council. This document helps staff prioritize projects. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR FEBRUARY 21, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4097 City Council Minutes February 21, 2017 City of Colleyville Page 18 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:46 p.m. Mayor Newton reconvened the Executive Session at 9:50 p.m. Mayor Newton adjourned the Executive Session at 10:10 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 7TH DAY OF MARCH 2017. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary