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HomeMy WebLinkAboutCity Council-Minutes-07/18/2017 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, July 18, 2017 WORKSESSION 4:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Presentation and discussion of the Capital Improvement Program (CIP) WS-2 Discussion of SH26 Project Change Order Request WS-3 Discussion of the City Council Rules of Procedure and meeting brochure WS-4 Discussion of the July 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 attorney on legal issues raised by public hearing or action items on the agenda Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities (Glade Road Phase 1B and 2A Property Acquisition Update) 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. COUNCIL CHAMBERS INVOCATION: Pastor Alvaro Matehuala, House of Prayer PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda July 18, 2017 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4153 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award - Mayor Richard Newton, Chief Financial Officer Shereen Gendy, and Strategic Services Manager Adrienne Lothery In recognition of Colleyville's Featured Business of the Month - Brazos Running Company, 5505 Colleyville Boulevard, Suite 120 - Owner Ed Swiatocha - 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-17-4154 4a Approval of the minutes of the regular City Council meeting of July 11, 2017 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2014 Consideration of a zoning change from the AG-Agricultural zoning district to the R40-Single Family Residential zoning district on Tract 5A01, Abstract 294, in the Robert Chowning Survey, located at 6260 Pool Road, Case ZC17-007 5b Ordinance O-17-2015 Consideration for approval of amendments to the Land Development Code regarding a proposed requirement that newly installed utilities be underground; specifically Chapter 9 – Subdivision Design & Public Facilities, Section 9.17 Street Design Criteria, proposed Section 9.18 Easements, proposed Section 9.19 Private Utilities, and Chapter 14 – Engineering Design Standards, Section 14-175 Miscellaneous, Case GC17-015 City Council Agenda July 18, 2017 City of Colleyville Page 3 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-17-2016 Consideration of an appeal of the decision of the Planning and Zoning Commission for a Special Use Permit for a Convenience Store with Gasoline Sales on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC16-007 6b Ordinance O-17-2017 Consideration of an appeal of the decision of the Planning and Zoning Commission for a Special Use Permit for Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption, on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC17-010 6c Ordinance O-17-2018 Approval of the Fiscal Year 2018 Colleyville Crime Control and Prevention District budget 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4155 Consideration of appointments to the Sidewalks Ad Hoc Committee 7b Resolution R-17-4156 A resolution re-establishing the Water and Wastewater Rate Advisory Committee and providing a charge 7c Resolution R-17-4157 Acknowledgement of a change order request for powder coating signal poles for the SH26 Project, and authorize the city manager to execute the change order, in an amount not to exceed $204,000 8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 8a Monthly Financial Report - June 2017 8b Staff update on current construction projects 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Agenda July 18, 2017 City of Colleyville Page 4 10. REPORTS Parks and Recreation Advisory Board minutes - April 10, 2017 Pond Naming Ad Hoc Committee minutes - May 1, 2017 Zoning Board of Adjustment minutes - May 9, 2017 Planning and Zoning Commission minutes - June 12, 2017 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JULY 18, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4158 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 14, 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, July 18, 2017 Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, July 18, 2017, at 4:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor City Manager Jerry Ducay, 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, Chief Financial Officer Shereen Gendy, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Principal Planner Felix Landry, Recreation and Library Director Mary Rodne, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Braden Metcalf, and City Secretary Amy Shelley WS-1 Presentation and discussion of the Capital Improvement Program (CIP) Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Pro Tem Lindamood asked staff if they pointed out a time when the contractor had an issue with poor construction during the Bedford Road retaining wall construction project. Director Hutt replied yes, the contractor took care of the issue which staff noted. Mayor Newton asked staff what improvement was created that made the Overland Trail tank not necessary. Director Hutt replied the LD Lockett ground storage tank replaced the need for the Overland Trail tank. Councilmember Coplen asked staff if the metal will be sold. Director Hutt replied the removal of the materials would be a part of the demolition contract. Councilmember Taylor asked staff if the removal of existing asphalt was completed during the milling. Director Hutt replied yes. City Council Minutes July 18, 2017 City of Colleyville Page 2 Councilmember Wheat asked staff if the John McCain Road construction will begin after the railroad construction is complete. Director Hutt replied the railroad has closed John McCain to replace the track, which should be open soon. Councilmember Wheat asked staff what is going to be done on John McCain Road. Director Hutt replied it will be a full depth reclamation, rebuilding the road that is currently in place. The cross section will be much more substantial and the road will remain open, while maintaining one lane of traffic. Councilmember Dodson asked staff about the change in the start date. Director Hutt replied it depends on the availability of the contractor and which project to do first, or combine projects to finish quicker. Councilmember Dodson suggested communicating the change in any start dates to the public. Councilmember Taylor asked staff if the chart is updated. Director Hutt replied yes, as soon as we know, we update the chart immediately. Councilmember Wheat asked staff if LD Locket is set to begin in September. Director Hutt replied yes. Mayor Pro Tem Lindamood asked staff if the County is asking to change the date to September. Director Hutt replied no, it is the same contractor looking at John McCain Road and the LD Lockett projects because the County has done what they can do this year. Mayor Pro Tem Lindamood asked staff if projects can be staggered to finish one before another one is started. Director Hutt replied that could be considered. Councilmember Wheat asked staff if LD Lockett is being used as a detour for one of the road projects. Director Hutt replied yes, for Glade Road. Councilmember Wheat asked staff if Glade Road is going to be finished before the John McCain construction. Director Hutt replied yes, Glade Road is expected to be finished by mid-August. Mayor Newton asked staff if sidewalks are being done in conjunction with the John McCain Road project. Director Hutt replied it is only an asphalt street maintenance project. Mayor Newton asked staff if that is only because the contractor only does street maintenance. Director Hutt replied yes, only asphalt. Mayor Newton asked staff if there is a plan to complete the sidewalks on John McCain Road at some future date. Director Hutt replied there are no standalone City Council Minutes July 18, 2017 City of Colleyville Page 3 sidewalk projects, but the Sidewalk Committee is planning to meet to evaluate projects. Councilmember Wheat asked staff if the John McCain plans have been finalized. Director Hutt replied it is a maintenance project, which does not have full engineering plans. Councilmember Nakamura asked Mayor Newton if it is too late to have the conversation about ribbon curb. Mayor Newton replied yes, but sidewalks can be factored in. Councilmember Wheat asked staff if adding ribbon curb separately is as effective. Director Hutt replied ideally it is good to do them at the same time, but you can add them afterwards. Councilmember Wheat asked staff how much further into the future are we looking at readdressing John McCain. Director Hutt replied full replacement is in the future, but there will have to be continued maintenance, and the biggest difference will be the cross sections. Councilmember Wheat asked staff if there is a tendency to slide off without the ribbon curbs. Director Hutt replied yes, potentially, but there are no steep issues on John McCain. Mayor Pro Tem Lindamood asked staff about the offset. Director Hutt replied we like to keep a two foot recovery zone. Councilmember Taylor asked staff if the right-of-way on John McCain is typically 75 feet. Director Hutt replied yes, in some areas it is 95 feet. Councilmember Nakamura asked staff if there are a lot of cars that run off John McCain. Assistant City Manager/Director of Public Safety Mike Holder replied not a lot of reported accidents as they are able to get back on the road. Councilmember Wheat stated the biggest issue is at John McCain and Westcoat. Mayor Pro Tem Lindamood asked Mayor Newton if the LD Lockett project could be delayed a bit. Mayor Newton replied yes. Councilmember Dodson agreed. Mayor Newton asked staff if John McCain could be completed before LD Lockett is started. Director Hutt replied that is not a problem at all, and can look at taking the LD Lockett project in the FY2017 budget and combining it with the 2018 CIP. Mayor Newton asked staff about when it is anticipated John McCain would be complete. Director Hutt replied October. City Council Minutes July 18, 2017 City of Colleyville Page 4 Mayor Newton stated it has always been said that we want to get projects started and done, and now we are getting complaints about doing too much at one time. Mayor Newton asked staff if the Glade Road project has been bid. Director Hutt replied Glade Road Phase 1A has been bid. Mayor Newton asked staff if the Pleasant Run Road project has been bid. Director Hutt replied yes, and it was over the original estimate. Mayor Newton stated it may be LD Lockett does not start until John McCain is done; see how the bids compare to the bids received in 2014; and then depending on the timing, it may make sense to do all as one project. Director Hutt stated he understands about having no overlap between the two projects. Councilmember Wheat asked staff about when the last traffic study was done. Director Hutt replied 2015. Councilmember Wheat stated being concerned about the intersection at Westcoat and McDonwell School Road. She added she is not sure adding a roundabout will create a safer roadway, especially when school is in session and for the evening traffic. Councilmember Wheat asked staff about a three-way stop. Director Hutt replied it would create more of a traffic build-up, unless there was a turn lane added and this would be a temporary solution. Wanting to build the final solution to address the intersection issues resulted in this project being listed in the 2017 CIP, as a roundabout. The roundabout is considered to be the best engineering solution for the intersection. Mayor Pro Tem Lindamood asked staff if the property owners located around the intersection are good with a roundabout. Director Hutt replied staff has had discussions with them and they are aware of the project, but did not get a feel for support or opposition. Mayor Newton stated the key benefit of Glade Road Phase 3 was resolving the issues on the east end near Roberts Road. Mayor Newton asked staff if the Glade Road Phase 3 issues should be considered as part of the solution to Roberts Road. Director Hutt replied there are some issues that could be addressed with this intersection during the overall Roberts Road project. Mayor Newton suggested addressing Glade Road, Phase 3 issues within the scope of the Roberts Road project. Councilmember Taylor asked staff if we have thought about putting landscaping or screening along Hall-Johnson. Director Hutt replied yes, staff is currently adding landscaping and screening to the service center property. Councilmember Taylor City Council Minutes July 18, 2017 City of Colleyville Page 5 suggested adding trees to provide shading over the existing sidewalks and trails, which are a good investment into the future. Councilmember Dodson asked staff if the fiber project is already in year one. Director Hutt replied yes, and Interim City Manager/Executive Director of Economic Development and Communications Mark Wood concurred. Councilmember Taylor asked staff about the fire station folding doors. Fire Chief Brian Riley replied the project is currently seeking Requests for Proposals (RFP), and bids will be submitted. Councilmember Taylor asked staff about when the doors will be installed. Chief Riley replied the goal is to have them installed by September, especially since contractors are already interested. Councilmember Taylor asked staff for a commitment that this project will get done. City Manager Jerry Ducay agreed, and stated the second station is scheduled for the next fiscal year. Mayor Newton asked staff about the grant for the City Hall generator. Director Hutt replied he expects the grant to be substantial, around 80/20. Councilmember Coplen asked staff when the last Storm Drainage Master Plan was completed. Director Hutt replied 1992. Councilmember Taylor asked staff why Montclair Drive is included in 2018. Director Hutt replied this project is being considered as a County project, but to be considered, it had to be a roadway that can be shut down for repair. This road needs to be repaired and is a good candidate for the County’s preferences. Mayor Newton asked staff about the status of the street assessment. Director Hutt replied staff has received some of the preliminary data, but the information was not ready for this presentation. Mayor Newton stated that information is used as leverage to match what is being proposed. Councilmember Wheat asked staff about the expected date the assessment will be available. Director Hutt replied August or September. Councilmember Coplen asked staff if the assessment can be used to adjust projects. Director Hutt replied yes. Mayor Newton asked staff if no drainage projects are included in 2018. Director Hutt replied correct; however, staff does expect some projects to be slated upon the completion of the Storm Drainage Master Plan. City Council Minutes July 18, 2017 City of Colleyville Page 6 Mayor Newton asked staff when the Storm Drainage Master Plan will be completed. Director Hutt replied staff anticipates six to eight months depending on the scope of the study. City Manager Jerry Ducay asked staff about the anticipation start date. Director Hutt replied the RFP is slated for August, to then bring forward design contracts to City Council in September, this time next year to finalize everything. Mayor Newton asked staff if the drainage issue at LD Lockett Park is a CIP project. Director Hutt replied it will be a maintenance project, proposed in the CEDC operating budget for 2018. Mayor Newton asked staff about the metal roof coating at the Justice Center. Director Hutt replied the new coating is applied to keep the roof in good shape. Mayor Pro Tem Lindamood added the coating prolongs the life of the metal. Mayor Newton asked staff about the HVAC replacement at the Justice Center. Director Hutt replied it is the replacement of the primary unit, which has reached its lifespan of about 15 years. Mayor Newton asked staff about what are the fundamentals driving the need for a new elevated storage tank in Water Project #3. Director Hutt replied staff is not advancing this project at this time, primarily because the project is based on the provided model, and it may not be truly needed. Mayor Newton stated the proposed CIP reflects the visions of the community and he would like to see the projects that are combined as street and/or water projects to be listed separately under the street category and utility category, for transparency and clarity. He stated the LD Lockett drainage issue needs to be addressed this year. WS-2 Discussion of SH26 Project Change Order Request SH26 Project Coordinator James Hubbard presented this item and briefed the City Council. Mayor Newton stated being good with this item. Councilmember Dodson asked staff about the funding of this item. Coordinator Hubbard replied through the TIF district. Mayor Newton asked staff if the metal railings and such are covered in this change order. Coordinator Hubbard replied yes. Councilmember Dodson asked staff about the total for the change order. Coordinator Hubbard replied a little over $203,000. City Manager Jerry Ducay stated this change order covers the powder coating of the poles and fixtures, with City Council Minutes July 18, 2017 City of Colleyville Page 7 an additional $100,000 for street sign boxes to come, and an additional $2.5 million for other improvements related to streetscaping, etc. Coordinator Hubbard agreed. Councilmember Wheat asked staff about the general time frame for lighting. Coordinator Hubbard replied those will almost be a separate project with a different contractor on the very end. Councilmember Nakamura asked staff if the poles at John McCain are already coated. Coordinator Hubbard replied yes. WS-3 Discussion of the City Council Rules of Procedure and meeting brochure City Secretary Amy Shelley presented this item and briefed the City Council. Mayor Newton proposed a change to the meeting brochure. City Councilmembers agreed with the change. Councilmember Coplen suggested adding something to the Rules of Procedure relative to the procedures for City Council appointments in that applicants must submit an application and financial disclosures, if applicable. Councilmember Dodson suggested it would be a good idea to interview applicants for positions on the Planning and Zoning Commission. WS-4 Discussion of the July 18, 2017, City Council regular agenda items There was no discussion of this item. Mayor Newton adjourned the worksession at 6:35 p.m. Mayor Newton called the Executive Session to order at 6:36 p.m. and called the roll. 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities (Glade Road Phase 1B and 2A Property Acquisition Update) Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business City Council Minutes July 18, 2017 City of Colleyville Page 8 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 6:37 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:34 p.m. INVOCATION: Pastor Alvaro Matehuala, House of Prayer PLEDGE OF ALLEGIANCE: Assistant City Attorney Braden Metcalf 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4153 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 Councilmember Coplen welcomed Steven Walls from Troop 905 of the Good Shephard Catholic Community. Mayor Pro Tem Lindamood announced the Art Adventure Camp being held from July 24 – 27 from 2:00 p.m. to 4:45 p.m. Sign-ups are taking place now on www.colleyville.com or the Facebook page. Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award - Mayor Richard Newton, Chief Financial Officer Shereen Gendy, and Strategic Services Manager Adrienne Lothery Mayor Newton presented Chief Financial Officer Shereen Gendy and Strategic Services Manager Adrienne Lothery with the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award. In recognition of Colleyville's Featured Business of the Month - Brazos City Council Minutes July 18, 2017 City of Colleyville Page 9 Running Company, 5505 Colleyville Boulevard, Suite 120 - manager Ed Swiatocha - 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 Ed Swiatocha, manager, Brazos Running Company, 5505 Colleyville Boulevard, Suite 120, as the featured business of the month. 4. CONSENT: READING AND PUBLIC HEARING RESOLUTION R-17-4154 4a Approval of the minutes of the regular City Council meeting of July 11, 2017 Mayor Newton read Resolution R-17-4154 in its entirety. Mayor Newton opened the public hearing at 7:50 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:50 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4154. Councilmember Wheat seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2014 Consideration of a zoning change from the AG-Agricultural zoning district to the R40-Single Family Residential zoning district on Tract 5A01, Abstract 294, in the Robert Chowning Survey, located at 6260 Pool Road, Case ZC17-007 Mayor Newton read the caption of Ordinance O-17-2014. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton opened the public hearing at 7:54 p.m. City Council Minutes July 18, 2017 City of Colleyville Page 10 There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:54 p.m. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-17- 2014. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 5b Ordinance O-17-2015 Consideration for approval of amendments to the Land Development Code regarding a proposed requirement that newly installed utilities be underground; specifically Chapter 9 – Subdivision Design & Public Facilities, Section 9.17 Street Design Criteria, proposed Section 9.18 Easements, proposed Section 9.19 Private Utilities, and Chapter 14 – Engineering Design Standards, Section 14-175 Miscellaneous, Case GC17-015 Mayor Newton read the caption of Ordinance O-17-2015. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff if there are any comparative measures that are different from the proposed versus the benchmarked communities. Director Bryner replied no, and staff has added a handful of the surrounding community’s regulations which the Planning and Zoning Commission approved. Councilmember Nakamura asked staff about the type of screening being proposed. Director Bryner replied the screening could be living screening, such as shrubs, and/or fencing. City Manager Jerry Ducay added the screening does not have to be around the utility box which may impair access. Director Bryner agreed, as long as the utility is not seen from the street. Mayor Newton asked staff how redevelopment is defined, such as a tear down and rebuild. Director Bryner replied since the utility would already exist with a tear down and rebuild, it would not be considered redevelopment. If the property does not have utilities, the service would have to be underground, not overhead. Mayor Newton asked staff if the line would have to be buried for a new building, even if the utility poles are at the edge of the building. Director Bryner replied it would depend, if there is an overhead service for existing buildings, the new building would require the service to be buried. City Council Minutes July 18, 2017 City of Colleyville Page 11 Mayor Newton asked staff what is considered new, if you have an existing building. Director Bryner replied the new service line would have to be buried. City Manager Jerry Ducay added there may be instances when only 50 percent or more of the structure is to be expanded or rebuilt, which may not require the service to be buried. Director Bryner agreed. Don Perfect, 1909 Camden Court, Oncor Area Manager, Grapevine, stated he would like to review the proposed ordinance and make a few recommendations, prior to the City Council’s vote. Mayor Newton asked Mr. Perfect what would be different. Mr. Perfect replied leaving the service box in the front of the property allows better access to the equipment, which means less down time when service goes out. He added another item would be having a 7.5 foot side yard setback, versus a five foot, with those homes that have a service box. Mayor Pro Tem Lindamood asked Mr. Perfect if the service box is left in the front, could it be screened on all four sides. Mr. Perfect replied yes, but there needs to be a clearance of about five to ten feet, to allow for an escape route in the event of an emergency. Councilmember Taylor asked Mr. Perfect if he had already visited with staff, and what else would need to be changed. Mr. Perfect replied he had worked with staff this past Friday, and he would like more time to review the ordinance. Councilmember Taylor asked Mr. Perfect if there is an issue with commercial properties. Mr. Perfect replied no, and most new subdivisions are designed with services located underground. City Manager Jerry Ducay stated there is an opportunity for the utility to secure the easement prior to the development of the connection. As a matter of policy, the City should require the 7.5 foot easement. Mayor Newton opened the public hearing at 8:22 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:22 p.m. Mayor Newton asked the City Council about their preference to residential requirements, based on the discussion from Mr. Perfect. Councilmember Dodson suggested tabling this item to allow for the proper language for access with an option for rear lot service. Mayor Newton asked staff what is the comment about Mr. Perfect’s concerns. Director Bryner replied he believes Mr. Perfect has some legitimate concerns and thinks there can be some regulations created for residential. City Council Minutes July 18, 2017 City of Colleyville Page 12 Councilmember Taylor agreed with tabling the item. Mayor Newton made a motion to table Ordinance O-17-2015. Councilmember Taylor seconded the motion. Assistant City Attorney Braden Metcalf suggested tabling this item to a date certain. Director Bryner added the item could be ready for the August 1st meeting but waiting until the 15th, allows even more time. Mayor Newton amended his motion to table Ordinance O-17-2015 to August 15. Councilmember Taylor accepted the amendment. The motion to table carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-17-2016 Consideration of an appeal of the decision of the Planning and Zoning Commission for a Special Use Permit for a Convenience Store with Gasoline Sales on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC16-007 Mayor Newton read the caption of Ordinance O-17-2016. Community Development Director Ben Bryner presented this item and briefed the City Council. Drew Cunningham and Tommy Mann, RaceTrac representatives, presented this item and briefed the City Council. Councilmember Wheat asked Mr. Cunningham about the estimated sales tax revenue. Mr. Cunningham replied it is a proprietary number which is not provided, and not really sure of an estimate at this time. Mayor Newton opened the public hearing at 8:54 p.m. Floyd Swaim, 204 Timberline Drive South, spoke in support of this request. Allison Koch, 6907 Upland Lane, spoke in opposition of this request with concerns of pollution, and property values. City Council Minutes July 18, 2017 City of Colleyville Page 13 Matt Koch, 6907 Upland Lane, spoke in opposition of this request with concerns of the gasoline station being the gateway to Colleyville, traffic, noise and light pollution, 24/7 operation, environmental issues with gasoline fumes and leaks/spills, health concerns, and property values. Pam Wozniak, 7004 Coleman Court, spoke in opposition of this request with concerns of employees and patrons smoking outside of the store front doors, the selling of tobacco products to minors, not very good stewards of the community; removal of vegetation, storm water detention ponds not constructed properly; environmental issues; she provided an online petition and read some comments from it. Craig Wozniak, 7004 Coleman Court, spoke in opposition of this request with concerns of traffic, and actual sales tax revenues received by the City. David Medlin, 605 Montreux Avenue, spoke in opposition to this request with concerns of the actual benefit to the City; stating there are lots of negatives, not knowing about any positives, and the viability of this being in the City. The following persons did not wish to speak, but did wish to register their opposition: Emily Koch, 6907 Upland Lane; Rachel Koch, 6907 Upland Lane; Keona Solorzano, 2200 Danielle Drive; Robert Herverten, 2200 Danielle Drive; and Henry Micheal, 500 Bridlewood North. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:24 p.m. To answer Councilmember Wheat’s question, Mr. Cunningham stated there are approximately $75,000 in sales tax revenue annually. Mayor Newton asked Mr. Cunningham about their growth strategy and why this location. Mr. Cunningham replied generally we go where there is traffic, and they are always looking for new sites and remodeling others. This is the best use of this property based on our experience. Mayor Newton asked Mr. Cunningham if they are pursuing any other locations in this area. Mr. Cunningham replied no. Mayor Newton asked Mr. Cunningham if they will pursue another location in this area if this site is not approved. Mr. Thomas Sanders, RaceTrac real estate representative, replied they are currently not pursuing any other sites, this is what has been deemed to be the best property for their portfolio. Councilmember Coplen asked Mr. Sanders if they have looked at any other properties along SH26. Mr. Sanders replied yes, all along the corridor, but this is the best location for this model. City Council Minutes July 18, 2017 City of Colleyville Page 14 Councilmember Coplen asked Mr. Sanders why not the Wachovia vacant building. Mr. Sanders replied we are aware of it, but the committee did not deem that location to be a good fit. Mayor Newton asked Mr. Sanders if they have looked at Precinct Line Road. Mr. Sanders stated he cannot speak to that site specifically because he is not familiar to site specific areas. Mayor Newton asked Mr. Sanders about their process for making the location decision. Mr. Sanders replied it is an internal process, and they compare locations to their portfolio to see which locations fit best. Mayor Pro Tem Lindamood asked Mr. Wozniak if he would be in favor or opposition to a restaurant or dentist office at this location. Mr. Wozniak replied he is not opposed to that use because it would not be open 24/7. Mayor Pro Tem Lindamood stated he does not support this use on this property; he does like RaceTrac, just not at this location. Councilmember Nakamura expressed her appreciation of the work they have put into this process, and that they wish to come to Colleyville. Councilmember Wheat echoed Councilmember Nakamura and stated she struggles with this use on this property or the value it may bring to Colleyville. Councilmember Dodson agreed and stated this use goes very much against the Master Plan. Councilmember Taylor stated he appreciates the enthusiasm of RaceTrac and has heard the concerns of the citizens and stated not being against the use, just not in this location. He added access to the properties, to the north of this site, needs to be adjusted to allow a good cross through. Mayor Newton stated this use does not fit the vision for Colleyville, at this location, and he stated he has no problem with waiting awhile to get what fits best in this location. This was a first reading, therefore, City Council did not take any action. 6b Ordinance O-17-2017 Consideration of an appeal of the decision of the Planning and Zoning Commission for a Special Use Permit for Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption, on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC17-010 City Council Minutes July 18, 2017 City of Colleyville Page 15 Mayor Newton read the caption of Ordinance O-17-2017. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton opened the public hearing at 9:54 p.m. Pam Wozniak, 7004 Coleman Court, spoke in opposition to this request with concerns of employees smoking on the property. Mr. Swank is working with the property owner. Matt Koch, 6907 Upland Lane, spoke in opposition to this request but only because it is not the right time for this location; but, overall stated being in favor of a RaceTrac opening up as a convenience store with beer and wines sales, but no gasoline. The following persons did not wish to speak, but did wish to register their opposition: Emily Koch, 6907 Upland Lane; Rachel Koch, 6907 Upland Lane; Keona Solorzano, 2200 Danielle Drive; Robert Herverten, 2200 Danielle Drive; and Henry Micheal, 500 Bridlewood North. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:57 p.m. This was a first reading, therefore, City Council did not take any action. Mayor Newton recessed the meeting at 9:58 p.m. Mayor Newton reconvened the meeting at 10:12 p.m. 6c Ordinance O-17-2018 Approval of the Fiscal Year 2018 Colleyville Crime Control and Prevention District budget Mayor Newton read the caption of Ordinance O-17-2018. Assistant Police Chief Robert Hinton presented this item and briefed the City Council. Mayor Newton opened the public hearing at 10:16 p.m. Mike Sexton, 3612 Greenbriar Court, stated being in support of this budget and stated being proud that ballistic plates and helmets are included in the budget. He appreciates the City Council working hard to keep the police officers and the City safe. City Council Minutes July 18, 2017 City of Colleyville Page 16 There were no others present wishing to speak and Mayor Newton closed the public hearing at 10:17 p.m. This was a first reading, therefore, City Council did not take any action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4155 Consideration of appointments to the Sidewalks Ad Hoc Committee Mayor Newton read Resolution R-17-4155 in its entirety. Mayor Newton suggested the following persons to be appointed to the committee: James Dove, Tonia Goin, Sherrie Hart, Lenonna Nichols, Steve Waltens, John Zeitlin, Julie Schurman, Mark Brooks, Joy Fulton Lee, Jocelyn Sandruck. Appointing John Zeitlin as the Chair and Steve Waltens as the Vice Chair; and for the final report to be submitted in one year. Councilmember Coplen suggested appointing Mike Brown, and asked Mayor Newton why a full year is needed. Councilmember Nakamura suggested appointing Collette Cobben-Murr. Councilmember Coplen stated she would like to have the information before the start of the next budget year, March or April of 2018. Councilmember Taylor suggested the committee should provide their report before the end of the year. Councilmember Coplen agreed. Mayor Newton stated there needs to be some adjustments made to the plan to make it rational, and there needs to be time to consider those options. The City Council agreed the final report should be submitted by January 31, 2018. Councilmember Wheat also suggested appointing Collette Cobben-Murr. Councilmember Wheat made a motion to approve Resolution R-17-4155 naming Mark Brooks, James Dove, Tonia Goin, Sherrie Hart, Joy Fulton Lee, Collette Cobben-Murr, Leonna Nichols, Jocelyn Sandruck, Julie Schurman, Steve Waltens, and John Zeitlin to the Sidewalks Ad Hoc Committee; appointing John Zeiltin as Chair, Steve Waltens as Vice Chair; and the final report to be submitted to the City Council by January 31, 2018. Mayor Pro Tem Lindamood seconded the motion. Mayor Newton opened the public hearing at 10:31 p.m. City Council Minutes July 18, 2017 City of Colleyville Page 17 There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:31 p.m. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7b Resolution R-17-4156 A resolution re-establishing the Water and Wastewater Rate Advisory Committee and providing a charge Mayor Newton read Resolution R-17-4156 in its entirety. Mayor Newton asked Susan Mathisen about a date for the final report. Mrs. Mathisen replied not knowing about the new CFO and her needs, but it could be hammered out in three or four meetings. Mayor Newton asked staff about the proposed timeframe. City Manager Jerry Ducay replied we are looking at all fund balances and net position across the board. He suggested having the committee meet in October to have the numbers before the end of the year. Mayor Newton suggested handling the two vacant positions at another time. Mrs. Mathisen agreed. Mayor Newton opened the public hearing at 10:54 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:54 p.m. Mayor Newton made a motion to approve Resolution R-17-4156 naming Susan Mathisen, Gerald Gibson, Raymond Allee, Tom Bauch, James Dove, Jeff Gilstrap, Jeff Pistor, Tim Raine, and Samuel van Bever to the Water and Wastewater Rate Advisory Committee; Susan Mathisen as Chair and Gerald Gibson as Vice Chair; and the final report should be provided by December 31, 2017; and the charge of this committee shall include: 1) Review capital funding utility needs , 2) Identify capital funding options, and 3) Develop a five year funding mechanism for the capital plan. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: City Council Minutes July 18, 2017 City of Colleyville Page 18 Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7c Resolution R-17-4157 Acknowledgement of a change order request for powder coating signal poles for the SH26 Project, and authorize the city manager to execute the change order, in an amount not to exceed $204,000 Mayor Newton read Resolution R-17-4157 in its entirety. Mayor Newton opened the public hearing at 10:59 p.m. Mayor Pro Tem Lindamood expressed his appreciation to SH26 Project Coordinator James Hubbard for his hard work and dedication on this project. Councilmember Dodson stated these lights will make Colleyville standout among other cities, rather than having aluminum lights. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:59 p.m. Councilmember Coplen made a motion to approve Resolution R-17-4157. Councilmember Dodson seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 8a Monthly Financial Report - June 2017 Chief Financial Officer (CFO) Shereen Gendy presented this item and briefed the City Council. Mayor Newton asked staff if the reported sales tax information is ahead of the state’s information, given we are at 61 percent of the 2017 budget. CFO Gendy replied there are figures accounted for of businesses in the Colleyville market which may not be in the market much longer, but the sales taxes are expected to be in line with the budget thus far. City Manager Jerry Ducay asked staff how many months are in the lag from the comptroller’s disbursement. CFO Gendy replied there is a two month lag. She City Council Minutes July 18, 2017 City of Colleyville Page 19 stated the 75 percent is an indicator, but not a number we take literally. She stated there may be spikes due to seasonal trends. Despite the lag, staff will make accruals to have 12 months accounted. She stated she can provide more details in the future. Councilmember Wheat asked staff if the Park’s department expenses are down for a particular reason, and are they expected to go up. Parks Manager Heather Dowell replied Parks is already at 75 percent, but athletics is lower due to spending the funds more toward the end of the fiscal year. 8b Staff update on current construction projects Public Works Director Jeremy Hutt presented this item and briefed the City Council. Councilmember Wheat suggested staff should create a simple dashboard with current road construction, such as on Facebook. Director Hutt agreed, and stated staff will work with the Communications Department. City Manager Jerry Ducay added staff is already doing push notifications and those can be easily inserted on the website. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ross Stewart, 5504 Valley View West, spoke about fencing issues on 1505 Cherry Lane. Wendy Maydare, Euless, purchasing 1505 Cherry Lane, and is seeking an extension to the time limit on the fence removal. 10. REPORTS Parks and Recreation Advisory Board minutes - April 10, 2017 Pond Naming Ad Hoc Committee minutes - May 1, 2017 Zoning Board of Adjustment minutes - May 9, 2017 Planning and Zoning Commission minutes - June 12, 2017 There was no discussion of this item, 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JULY 18, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4158 This resolution was not needed. 12. ADJOURNMENT City Council Minutes July 18, 2017 City of Colleyville Page 20 There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 11:24 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 1ST DAY OF AUGUST 2017. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary