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HomeMy WebLinkAboutCity Council-Minutes-4/18/2017 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, April 18, 2017 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of Land Development Code amendments regarding newly installed utilities required to be underground WS-2 Discussion of the Sidewalk Policy WS-3 Overview of the Historical Preservation Committee WS-4 Discussion of the April 18, 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 the 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 the plugging and abandonment of the Atlas Gas Wells at 7504 and 7505 Pleasant Run Road Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City Council Agenda April 18, 2017 City of Colleyville Page 2 INVOCATION: Pastor Rich Binegar, Compass Christian 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-17-4115 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's Featured Business of the Month - Fusion Whole Body Recovery, 6100 Colleyville Boulevard - Jennifer Duranczyk, owner - Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4116 4a Approval of the minutes of the regular City Council meeting of April 4, 2017 4b Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVDs and CDs, and non-book materials, learning games, and puzzles 4c Approval of an updated Integrated Mosquito Management Program 4d Approval of an addendum to the web design contract for Colleyville.com in the amount of $14,000, and authorize the city manager to execute the contract 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2008 Consideration of a Special Use Permit for a servants or caretakers quarters and a Special Use Permit to allow for an accessory building larger than permitted on Tract 3H, Abstract 211, BBB & C RY Survey, located at 5513 Lowrie Road, Case ZC17-002 City Council Agenda April 18, 2017 City of Colleyville Page 3 5b Ordinance O-17-2009 Approval of an ordinance to amend the appointment of an Associate Municipal Court Judge 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-17-2010 Consideration of a Special Use Permit for Automotive and Motor Vehicle Sales on Lot 2R, Block 1, of the Nystel Addition, located at 1821 John McCain Road, Case ZC17-004 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4117 Consideration of appointments to the Colleyville Special Events Ad Hoc Committee 7b Resolution R-17-4118 Consideration of a waiver request to the sidewalk requirements on Lot 2, Block 2, of the Pecan Park III Addition located at 5702 Ponderosa Street 7c Resolution R-17-4119 Consideration of an appeal to the decision of the Sign Board of Appeals for a variance to the provisions of Section 7.175.D, Permanent Attached Signs – Classification and Regulations of the Land Development Code, specifically the maximum area of signage, on Lot 16R2, Block 1, of the Colleyville Industrial Park Addition, located at 6407 Colleyville Boulevard, Case SC16-005 8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 8a Monthly Financial Report - March 2017 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS Parks and Recreation Advisory Board Minutes - February 6, 2017 Library Board Minutes - February 13, 2017 Zoning Board of Adjustment Minutes - February 14, 2017 Planning and Zoning Commission Minutes - March 13, 2017 Sign Board of Appeals Minutes - March 14, 2017 City Council Agenda April 18, 2017 City of Colleyville Page 4 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 18, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4120 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, April 13, 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, April 18, 2017 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, April 18, 2017 at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor City Manager Jennifer Fadden, 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 WS-1 Discussion of Land Development Code amendments regarding newly installed utilities required to be underground Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Lindamood asked staff how the lines should be placed underground, whether using ground or conduit. Director Bryner replied the right- of-way standard is to use conduit, and often times shared with other utilities. Councilmember Lindamood asked staff how they will enforce trenching. Director Bryner replied the private service lines are typically trenched, and the public element has requirements along the right-of-way in that they have to be shared. Mayor Newton asked staff if there are requirements per the electrical code. Director Hutt replied yes, there are various requirements for all utilities/services, and transmission lines will be in conduit. Councilmember Lindamood asked Mayor Newton if residential buried lines will also be in conduit. Mayor Newton replied yes, the national electrical code requires it. City Council Minutes April 18, 2017 City of Colleyville Page 2 Mayor Newton asked staff if the Land Development Code references the electrical code. Director Bryner replied the building code has the requirements, and the building inspector will review the installation. Mayor Newton asked staff if they rely on the electrical code or on the utility franchise. Director Hutt replied staff works with the franchise company; however, the utilities are self-regulated. Permits are required to work in the right-of-way. Councilmember Lindamood stated being most concerned about residential and how those lines are buried. Director Bryner replied the codes are referenced in the building code, not Land Development Code. Councilmember Short suggested they should reconsider the phrase “except where conditions do not warrant underground installations as approved by the City Council”, asking do we want to offer up the appeal very easily. Mayor Newton stated the utilities must be underground unless the City Council grants the waiver request. Councilmember Taylor asked staff if the policy is to put the utilities underground. Director Bryner replied yes, unless a deviation is granted by City Council. Mayor Newton stated being good with the change going to the Planning and Zoning Commission in May. Councilmember Taylor asked staff if this requirement sends a message of conformity with other cities for developers. Director Bryner replied yes. Councilmember Lindamood asked staff if this will be effective immediately after passage. Mayor Newton replied yes, effective immediately. Councilmember Taylor stated he would like to see an additional Land Development Code update about straight zoning relative to preliminary drainage. Mayor Newton added he would like to also add a preliminary site plan. City Manager Jennifer Fadden stated the STAR report will be on the next agenda for City Council to prioritize projects. WS-2 Discussion of the Sidewalk Policy Public Works Director Jeremy Hutt presented this item and briefed the City Council. Councilmember Coplen asked staff if the escrowed money comes from the people paying from each district, according to where they live. Director Hutt replied yes. City Council Minutes April 18, 2017 City of Colleyville Page 3 Councilmember Coplen suggested changing the way we fund sidewalks Citywide, rather than neighborhood districts. Mayor Pro Tem Putnam suggested changing the policy, criteria, prioritization, and re-form the sidewalk committee. The money should be used to prioritize sidewalks based on the needs of the community for access to schools, retail, parks, etc. Councilmember Coplen asked staff about the revenue generated annually for the Voluntary Park and Voluntary Library funds. City Manager Jennifer Fadden replied $150,000 annually for each fund. Councilmember Coplen suggested having a voluntary fund for sidewalks as well. Mayor Newton suggested reestablishing the committee to review the method, funding, and prioritization of sidewalks. Councilmembers stated being in favor of reestablishing the committee. Councilmember Short asked staff how the neighboring communities fund sidewalks. Director Hutt replied staff can poll our neighboring cities to see what their funding source may be. City Manager Jennifer Fadden asked Mayor Newton to clarify the committee’s scope. She stated staff is in the process of initiating the Parks and Recreation Open Space Master Plan, with a trail component, but will this committee only work on sidewalks and not trails? Mayor Newton asked staff the difference between sidewalks and trails. City Manager Jennifer Fadden replied usually the difference is in the width, and trails typically connect to City assets such as parks. Manager Dowell added she is constantly trying to identify if everything is aligned, and at the right width. The plan will identify the areas in which citizens want trails and how they are connected, and with that we want to align with the sidewalk plan. All will need to work hand in hand. Mayor Newton stated sidewalks are subdivision and trail connectors. Manager Dowell agreed, and trails are typically eight feet and greater. Mayor Newton asked staff about the timing of the last sidewalk map. City Manager Jennifer Fadden replied 2008. Mayor Pro Tem Putnam suggested the sidewalk prioritization should be separate from the trails component. Mayor Newton agreed. Councilmember Short suggested for the same committee to prioritize trails. Mayor Newton stated both should work together. City Manager Jennifer Fadden stated staff will ensure engagement of this committee with the Parks and Recreation Open Space Master Plan prioritization of trails. Councilmembers agreed. City Council Minutes April 18, 2017 City of Colleyville Page 4 Councilmember Coplen asked staff if trails are funded by grants. Manager Dowell replied there are multiple funding sources, such as grants and CEDC funding. Mayor Pro Tem Putnam stated he did not believe there were trails to nowhere. Councilmembers agreed. WS-3 Overview of the Historical Preservation Committee Assistant to the City Manager James Hubbard presented this item and briefed the City Council. The following Historical Preservation Committee members were also present: Cynthia Phillips, Marilyn Keith, Joe Dupree, Gerald Ward, Jeffery Moschel, and Nelson Thibodeaux. Mayor Newton stated the question is how we retain the Fitzgerald collection for the long term, it is a family collection. Councilmember Coplen added another thought is how it is funded and where are we going to put it. She suggested someone should record Mr. Fitzgerald’s voice. Mayor Newton stated he does not have any solutions, but stated being completely supportive of how we might do this. Councilmember Nakamura asked Mayor Newton if anyone has talked to Mr. Fitzgerald about this. Mayor Newton replied yes, he has talked with Mr. Fitzgerald and he is amenable to it. Mr. Dupree stated it will take someone who has the expertise to keep the items working. We could have a museum one day and a pile of scrap iron the next. Mayor Newton agreed. Mayor Pro Tem Putnam asked the committee about their thoughts on the Bidault and Webb houses. Mr. Thibodeaux replied there is a lingering issue of asbestos with the Bidault House, and without clarification of that, it is difficult to move forward. Ms. Phillips stated they’ve had a lot of ideas over the years. She stated the Gary Smith report emphasized the economics of museums, and how museums do not get the traffic to maintain them. The committee has brainstormed a hybrid, to preserve, yet be self-supporting. The community has to have a buy-in. Maybe the grounds could be fixed up with augmented reality to see actual photos, much like what Savannah, Georgia does, and from there, build it up for the community. Councilmember Coplen suggested using the vacant wall space, such as here at City Hall or Senior Center. Councilmember Taylor asked Mayor Newton if he is considering Mr. Fitzgerald’s inside or outside collection. Mayor Newton replied there are a lot of items inside, City Council Minutes April 18, 2017 City of Colleyville Page 5 and the outside items may be more suited for McPherson Park. There are some important artifacts that could be used and are important to Colleyville. Councilmember Taylor suggested preserving and utilizing the Bidault House as a photo opportunity for weddings or family use. He stated resources would need to be found to preserve the property. McPherson Park has some opportunities for Mr. Fitzgerald’s items, but fencing the items off where you could not climb around on the items and get hurt would be necessary. It would be good to have artifacts and photos located in the public buildings. Councilmember Coplen suggested someone needs to record him. Ms. Phillips stated there is an outreach group at Texas State University who will train people to take oral history. Councilmember Lindamood asked staff if there is an actual asbestos survey on the property. City Manager Jennifer Fadden replied yes, and it is positive for asbestos. Councilmember Lindamood asked staff about the zoning of the property. City Manager Jennifer Fadden replied it is zoned AG-Agriculture. Ms. Phillips stated the committee could organize and present their ideas to the City Council in the form of a report. Mayor Newton stated it would be helpful. Councilmember Coplen asked staff if the Webb House needs to be repainted. Parks Manager Heather Dowell replied yes. Councilmember Taylor asked staff why we let it decay. Assistant to the City Manager James Hubbard replied in 2004 there was a large scale renovation plan, and most recently the porch was going to be replaced but the contractor discovered lead paint, and he could not move forward. Manager Dowell added staff is working on a list of items that need to be done on the Webb House and then seek direction on what it will become and how it will be used. Councilmember Nakamura suggested moving forward on doing something for Mr. Fitzgerald’s collection. Councilmember Taylor stated we should not let our assets decay. Councilmember Lindamood suggested seeing what it will take to get both houses fixed and then seek a sponsorship for naming rights. Councilmember Coplen asked staff if the Webb House was a state historical site. Assistant to the City Manager James Hubbard replied it is a local historical site. City Council Minutes April 18, 2017 City of Colleyville Page 6 Councilmember Coplen asked the City Council if non-historical materials can be used to restore the house. Mayor Pro Tem Putnam replied there are no guidelines to follow. Mr. Dupree stated the value of the Bidault House is to preserve the history of the citizen who lived in the Bidault House, who had a “can do” attitude. Mayor Newton added it will be how we tell that story. WS-4 Discussion of the April 18, 2017, City Council regular agenda items There was no discussion of this item. Mayor Newton adjourned the worksession at 6:47 p.m. Mayor Newton called the Executive Session to order at 6:47 p.m., and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the 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 the plugging and abandonment of the Atlas Gas Wells at 7504 and 7505 Pleasant Run Road Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:16 p.m. City Council Minutes April 18, 2017 City of Colleyville Page 7 The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:32 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, 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, Library and Recreation Director Mary Rodne, Interim Chief Financial Officer Winston Duke, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Parks Manager Heather Dowell, Marketing Coordinator Dustin Dangli, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Amy Shelley INVOCATION: Pastor Rich Binegar, Compass Christian 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-17-4115 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton expressed his sympathy to the family of Mr. Denis Duffy Jr., who passed away last week. Mr. Duffy served as a City Councilmember and Planning and Zoning Commissioner. Councilmember Coplen stated a scout from Troop 905 is present and working on his Citizenship in the Community badge. Councilmember Lindamood invited everyone to attend the Old Tyme BBQ on Friday and Saturday, April 28 and 29. It is a Colleyville tradition with two-days filled with good eats to raise money for Texas Special Olympics. Councilmember Taylor encouraged everyone to attend the free catfish fry at 6 p.m. Friday, April 28. City Council Minutes April 18, 2017 City of Colleyville Page 8 In recognition of Colleyville's Featured Business of the Month - Fusion Whole Body Recovery, 6100 Colleyville Boulevard - Jennifer Duranczyk, owner - 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 recognized Fusion Whole Body Recovery, 6100 Colleyville Boulevard as the featured business of the month and introduced owner Jennifer Duranczyk. Ms. Duranczyk expressed her appreciation for the recognition and explained about the services Fusion Whole Body Recovery provides. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4116 4a Approval of the minutes of the regular City Council meeting of April 4, 2017 4b Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVDs and CDs, and non-book materials, learning games, and puzzles 4c Approval of an updated Integrated Mosquito Management Program 4d Approval of an addendum to the web design contract for Colleyville.com in the amount of $14,000, and authorize the city manager to execute the contract Mayor Newton read Resolution R-17-4116 in its entirety. Public Works Director Jeremy Hutt provided an overview of 4c. Interim Assistant City Manager/Director of Economic Development and Communications Mark Wood provided a recap of 4d. Councilmember Taylor asked Mayor Newton how City Council will monitor what is being produced, relative to the website. Interim Assistant City Manager/Director of Economic Development and Communications Mark Wood replied the service provider has been provided the input from the worksession, and the City Council will be involved early in the design process to ensure everyone is on board. Mayor Newton added the contractor came back with options, at a very reasonable cost, which can be done within the timeframe and stated we do need to look at it prior to it being completed, but the scope is a lot clearer now. Councilmember Nakamura agreed, and stated she did not know more funds were needed. She then asked staff if they are confident it will be completed in five City Council Minutes April 18, 2017 City of Colleyville Page 9 months. Interim Assistant City Manager/Director of Economic Development and Communications Mark Wood replied yes. Councilmember Nakamura asked Mayor Newton about the total cost. Mayor Newton replied this will be an additional $14,000, in addition to the original $49,577. Councilmember Short asked staff to clarify the redesign elements. Interim Assistant City Manager/Director of Economic Development and Communications Mark Wood replied the feedback received, the City Council did not like the front page, and to get from those examples to creates a new wireframe. Mayor Newton added the wireframe will be redone on the home page, but not necessarily on the other pages. The website is one of the key tools to use for our communication strategy. Mayor Newton opened the public hearing at 8:01 p.m. Michael Fitzpatrick, 7604 Jefferson Circle, spoke on behalf of the HOA about mosquito traps in his subdivision. He asked for the City Council to consider integrating with what other cities are doing for mosquito treatment, especially to those residents who border another city. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to mosquito spraying, and stated residents should do natural things for mosquito protection. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:06 p.m. Mayor Newton asked staff about integration/adjacencies with other cities, and the location of traps. Director Hutt replied yes, staff coordinates our responses with other cities, and we do the same for them, but others may have triggers for a different initial response than Colleyville. Staff does work with others as a regional approach together and not necessarily a city by city approach. Mayor Newton asked staff if spraying would be triggered by both cities, in the event of a positive sample. Director Hutt replied correct; if we are notified by a neighboring city, we do take a responsive action and evaluate the area. It may trigger a joint response. Mayor Newton asked staff about the toxicity to other animals. Director Hutt replied staff provides a preventative type measure in which the larvacide program eliminates or treats breeding areas and most products are safe for pets or to other animals who drink the water. The fogging operation is done through a third party vendor who uses the pesticides, which are lower in toxicity to other animals. City Council Minutes April 18, 2017 City of Colleyville Page 10 Councilmember Taylor made a motion to approve Resolution R-17-4116. 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 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2008 Consideration of a Special Use Permit for a servants or caretakers quarters and a Special Use Permit to allow for an accessory building larger than permitted on Tract 3H, Abstract 211, BBB & C RY Survey, located at 5513 Lowrie Road, Case ZC17-002 Mayor Newton read the caption of Ordinance O-17-2008. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff if the drainage issue was resolved. Director Bryner replied it may not be readily resolvable, given the existing sheet flow. Councilmember Short asked staff about the utility bill proposal. Director Bryner replied the intent was rather than having a separate meter, all would be on one meter, so that it could not be rented out, and there would be more control. Councilmember Taylor asked staff what the process is to get a separate meter. Director Bryner replied the applicant would apply for an electric meter permit, staff would review, and then it would be identified as not allowed per the special use permit. Mayor Newton opened the public hearing at 8:21 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:22 p.m. Councilmember Short moved to approve Ordinance O-17-2008. Mayor Pro Tem Putnam seconded the motion. The motion to approve carried with the following vote: City Council Minutes April 18, 2017 City of Colleyville Page 11 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 5b Ordinance O-17-2009 Approval of an ordinance to amend the appointment of an Associate Municipal Court Judge Mayor Newton read the caption of Ordinance O-17-2009. Mayor Newton presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:24 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:25 p.m. Mayor Pro Tem Putnam moved to approve Ordinance O-17-2009. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-17-2010 Consideration of a Special Use Permit for Automotive and Motor Vehicle Sales on Lot 2R, Block 1, of the Nystel Addition, located at 1821 John McCain Road, Case ZC17-004 Mayor Newton read the caption of Ordinance O-17-2010. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Taylor asked staff about the terms of the lease. Director Bryner replied the 18 months signified the long term use of the property, and therefore the landscaping would be installed. Councilmember Taylor stated the applicant does not have to do anything for 18 months. Director Bryner replied yes. Councilmember Taylor stated not being in support of this request. City Council Minutes April 18, 2017 City of Colleyville Page 12 Councilmember Nakamura stated being in support of the request, and stated it is not a normal car dealership as most car sales are shipped out. The property owner has done a great job to upgrade the property. Councilmember Short stated he has an interest in the business owner following the same rules. Councilmember Lindamood stated being supportive of this request. This is a Colleyville resident who has invested in his town, who is very well respected and a lot of Colleyville people buy cars there. Councilmember Taylor said the area is zoned ML-Light Manufacturing, and we would never zone land to that category today. Mayor Newton agreed, and stated the ML-Light Manufacturing zoning district has been in this location for many years. As a long term strategy, Mayor Newton stated the City can rezone the property in the future. If the City did that, the new zoning would take effect upon new property ownership. Mayor Newton asked staff if this is the proper process for this request. Director Bryner replied yes. Mayor Newton asked staff about who owns the land. Director Bryner replied the property owner to the east owns both properties. Mayor Newton asked staff if the property had been used for storage in the past. Director Bryner replied yes, and there was no special use permit on the property. Mayor Newton asked staff if the RV property has a special use permit. Director Bryner replied no. The applicant, Andy Gardner, 4703 Mockingbird Lane, briefed the City Council on his request. Mayor Newton asked Mr. Gardner if he is able to purchase the property, would another building be built. Mr. Gardner replied yes, and used just like the current business. Councilmember Short asked Mr. Gardner if there was any record of staff stating the use was okay. Mr. Gardner replied that the owner of the property confirmed that the use was okay, and the use was placed in the lease contract. Mayor Newton opened the public hearing at 8:53 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in support of this request. City Council Minutes April 18, 2017 City of Colleyville Page 13 There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:55 p.m. Mayor Pro Tem Putnam stated Councilmember Taylor did vote to amend the special use permit for vehicle sales in 2012. He stated not being aware of one resident who has objected to this business or of having businesses in this area. Councilmember Nakamura stated this business has been here for 15 years, and should not have been targeted. This was a first reading, therefore, City Council did not take any action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4117 Consideration of appointments to the Colleyville Special Events Ad Hoc Committee Mayor Newton read Resolution R-17-4117 in its entirety. Councilmembers submitted the following names for appointment to the Colleyville Special Events Ad Hoc Committee: Mayor Newton – Rich Hendler, Chair Mayor Pro Tem Putnam – James Gulitzia Councilmember Tammy Nakamura – Elizabeth Zeitlin Councilmember Bobby Lindamood – Chris Putnam Councilmember Jody Short - To be designated by Councilmember Short on or before May 2, 2017; otherwise, City Council shall fill the appointment at the May 2, 2017 regular City Council meeting. Councilmember Coplen – Cheryl Searle Councilmember Mike Taylor – Amy Redfearn Library and Recreation Director Mary Rodne presented this item and briefed the City Council. Mayor Newton asked staff if the major events are funded from CEDC. Director Rodne replied yes. Mayor Newton opened the public hearing at 9:08 p.m. City Council Minutes April 18, 2017 City of Colleyville Page 14 There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:08 p.m. Councilmember Lindamood made a motion to approve Resolution R-17- 4117, with the amendment for Councilmember Short’s appointment, appointing Rich Hendler, Chair, Elizabeth Zeitlin, James Gulitzia, Chris Putnam, Cheryl Searle, and Amy Redfearn to the Colleyville Special Events Ad Hoc Committee. 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 7b Resolution R-17-4118 Consideration of a waiver request to the sidewalk requirements on Lot 2, Block 2, of the Pecan Park III Addition located at 5702 Ponderosa Street Mayor Newton read Resolution R-17-4118 in its entirety. Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Pro Tem Putnam asked staff where the closest sidewalk to this property is. Director Hutt provided the location on the exhibit, and stated Pecan Park II does have sidewalks. Mayor Pro Tem Putnam asked staff if sidewalks exist in the properties to the south. Director Hutt replied Hardage Estates does not have sidewalks. Mayor Pro Tem Putnam asked staff if this is the same developer. Director Hutt replied it is the same developer for the six lots, but each are individual lots being built by individual builders. Mayor Pro Tem Putnam asked staff why the original developer does not have to build the sidewalks. Director Hutt replied the sidewalks are built at the time of home construction. The developer would have been responsible for building a sidewalk on lots without structures, such as an HOA lot. Mayor Pro Tem Putnam asked staff about the statutory requirement for the homes to the south to build sidewalks. Director Hutt replied there are no current plans to build sidewalks in the Hardage Estates subdivision. There have been requests in the past to construct neighborhood sidewalks, but not for Hardage Estates. City Council Minutes April 18, 2017 City of Colleyville Page 15 Mayor Pro Tem Putnam stated there would be a sidewalk to nowhere, for the time being. Director Hutt agreed. Councilmember Short asked staff if there is one lot to the north left to connect to the rest of the sidewalks in Pecan Park II. Director Hutt replied correct, once the property to the north develops, there would then be a connection to the north properties. Councilmember Coplen asked staff if the developer developed the lots, and then sold the lots. Director Hutt replied yes. Councilmember Lindamood asked staff why previous City Council would have waived the sidewalk requirement for the developer. Mayor Newton replied he did not believe they were waived. Director Hutt replied prior to the development of these four lots, the street did not exist, and the developer is not required to build the sidewalk, since driveway placement is unknown until the home is to be constructed. Mayor Newton asked staff if all of the sidewalks in Colleyville have been constructed by the builder. Director Hutt replied yes. Councilmember Short asked staff if the lots across the street have built their sidewalks. Director Hutt replied he has not been to the site. Nancy Groves, 8512 Freedom Way, North Richland Hills, the applicant and property owner, presented this item and briefed the City Council. She stated being in favor of an agreement with the City in the event a sidewalk is constructed on either side, she would then construct their sidewalk. Mayor Newton asked Mrs. Groves if the lots across the street have sidewalks. Mrs. Groves replied yes. Councilmember Taylor asked Mayor Newton if the property owners, who have constructed a sidewalk, should be reimbursed. Mayor Newton replied he did not believe so. Mayor Pro Tem Putnam added those property owners could have requested a waiver. Councilmember Short stated being in favor of an agreement. Mayor Newton opened the public hearing at 9:34 p.m. John Zeitlin, 1800 Glade Road, spoke in support of sidewalk escrow, especially since he put $7,500 into the escrow fund, though he knew a sidewalk may not go in front of his home. Kathy Hadley, 204 Timberline Drive North, spoke in support of the waiver request. City Council Minutes April 18, 2017 City of Colleyville Page 16 There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:37 p.m. Mayor Newton stated not being comfortable with granting the waiver entirely because there is an equity issue. He stated the proposal is reasonable, especially if a sidewalk is built in the future. Councilmember Taylor asked Mayor Newton how the money will be collected in the future. Mayor Newton replied the agreement will cover the cost of the sidewalk. Councilmember Nakamura asked Mayor Newton what if they sell the house, will there be something in it to hold the new property owner to the construction of the sidewalk. Mayor Newton replied it will all depend on how the agreement is written. Mayor Pro Tem Putnam stated the policy is a flawed policy, and will be until a decision is made to invest in connectivity. He stated he cannot stand behind a flawed policy and this is an example of such. Mayor Newton asked Mr. Zeitlin what do you want to ask me. Mr. Zeitlin suggested something as simple as a percentage of fees in which the developer and homeowner pay, and in the future, if the sidewalks are not built within a certain timeframe, the homeowner can petition to receive a refund on those fees. Mayor Newton stated being in favor of a City agreement with Mrs. Groves that in the event the adjacent north lot constructs a sidewalk, they will then construct their sidewalk; and it will run with the property in the event of a sale. Mayor Newton made a motion to approve Resolution R-17-4118 with the agreement. Councilmember Short seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam and Councilmembers Tammy Nakamura, Bobby Lindamood, Jody Short, and Nancy Coplen Nay: 1 – Councilmember Mike Taylor 7c Resolution R-17-4119 Consideration of an appeal to the decision of the Sign Board of Appeals for a variance to the provisions of Section 7.175.D, Permanent Attached Signs – Classification and Regulations of the Land Development Code, specifically the maximum area of signage, on Lot 16R2, Block 1, of the Colleyville Industrial Park Addition, located at 6407 Colleyville Boulevard, Case SC16-005 City Council Minutes April 18, 2017 City of Colleyville Page 17 Mayor Newton read Resolution R-17-4119 in its entirety. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Taylor asked staff if the assessment for the wall sign is based on the section in which the sign is being requested and not on the entire building frontage. Director Bryner replied correct. Councilmember Coplen asked staff if the Sign Board of Appeals approved 52 feet. Director Bryner replied yes. Councilmember Coplen asked staff if the artwork will fit in the 52 feet. Director Bryner replied physically it would fit, but it is more than what is allowed. Councilmember Coplen asked Mayor Newton if a “nay” vote approves the request. Mayor Newton replied no, a “nay” vote would be consistent with the Sign Board of Appeals. The resolution read is written to approve the waiver, but the City Council can amend the motion. Councilmember Short asked staff if the applicant were to choose another wall, much larger wall, would the sign be allowed. Director Bryner replied yes, most likely. Councilmember Coplen asked staff if the 72 inch sign will fit in the 21 foot wall. Director Bryner replied yes, but it exceeds the code for an allowable sign. Geneva Switzer, 1223 Crestside Drive, Suite 100 , Coppell, applicant, presented this item and briefed the City Council. Councilmember Taylor asked Ms. Switzer if the building photo includes the 72 feet. Ms. Switzer replied yes. Councilmember Lindamood asked Ms. Switzer if the building frontage would be 55 feet in width, but the kicker wall cuts into that width. Ms. Switzer replied yes. Mayor Newton stated he does not see a hardship with this request, and the Sign Board of Appeals made the right decision and remained consistent with previous decisions, and stated being opposed to this request. Mayor Newton opened the public hearing at 10:03 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:03 p.m. City Council Minutes April 18, 2017 City of Colleyville Page 18 Councilmember Taylor made a motion to approve Resolution R-17-4119. Councilmember Coplen seconded the motion. The motion to approve was denied with the following vote: Aye: 2 – Councilmembers Jody Short and Mike Taylor Nay: 5 - Mayor Richard Newton, Mayor Pro Tem Chris Putnam and Councilmembers Tammy Nakamura, Bobby Lindamood, and Nancy Coplen Mayor Newton recessed the meeting at 10:07 p.m. Mayor Newton reconvened the meeting at 10:12 p.m. 8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 8a Monthly Financial Report - March 2017 Interim Chief Financial Officer Winston Duke presented the monthly financial report and answered questions of the City Council. Mayor Newton asked staff about why the decrease in ambulance billing. Interim Chief Financial Officer Winston Duke replied not knowing, but he and the Fire Chief will be talking to the previous vendor about the outstanding invoices, and stated not being sure about where the new vendor sits on invoicing. Mayor Newton suggested there should be three columns for the capital projects: 1) commitment, 2) expended, and 3) remaining; to exhibit the true picture. Councilmember Taylor asked if the actual report indicates these numbers. Interim Chief Financial Officer Winston Duke replied yes. Mayor Newton suggested something be provided between the tabular items and the graphs. He also suggested differentiating between calendar and fiscal dates. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Judy Chappell, 1716 Glade Road, expressed her appreciation to Mayor Pro Tem Putnam, and for the City Council’s efforts on the Glade Road project. A great example of servant leadership has been exhibited. Kathy Hadley, 204 Timberline Drive North, asked for the synchronizing of the lights on SH26; publicly apologized for walking on people’s property; shamed the City Council for approving the mosquito spraying; and that the e-voting is not a full proof system as there seems to be secrets in voting. City Council Minutes April 18, 2017 City of Colleyville Page 19 Elizabeth Zeitlin, 1800 Glade Road, expressed her appreciation and efforts to the City Council on the Glade Road project. 10. REPORTS Parks and Recreation Advisory Board Minutes - February 6, 2017 Library Board Minutes - February 13, 2017 Zoning Board of Adjustment Minutes - February 14, 2017 Planning and Zoning Commission Minutes - March 13, 2017 Sign Board of Appeals Minutes - March 14, 2017 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 18, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4120 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 10:38 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 2ND DAY OF MAY 2017. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary