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HomeMy WebLinkAboutCity Council-Minutes-09/05/2017 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, September 5, 2017 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of membership in TEX-21 WS-2 Classification and Compensation Study update WS-3 Economic Development Update WS-4 All funds distribution report and discussion WS-5 Quarterly discussion of the STAR (Status, Transparency, Accountability, & Results) Report WS-6 Discussion of the September 5, 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 Project Phase 1B and 2A Section 551.074 - Personnel - Deliberate the appointment, promotion, employment, duties and evaluation of the City employees; specifically, discuss appointment of City employees to newly created positions and filling the vacancies created within existing positions City Council Agenda September 5, 2017 City of Colleyville Page 2 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Bruce Crandall, Counselor in the Bishopric Church of Jesus Christ of Latter day Saints 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-17-4169 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 the Classification and Compensation Committee members 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17-4170 4a Approval of the City Council worksession minutes of August 8, 2017 4b Approval of the minutes of the regular City Council meeting of August 15, 2017 4c Approval of the Special City Council Meeting minutes of August 24, 2017 4d Approval of the City Council worksession minutes of August 24, 2017 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2018-2022 of the Colleyville Economic Development Corporation 4f Adoption of the Colleyville Economic Development Corporation Fiscal Year 2018 Budget City Council Agenda September 5, 2017 City of Colleyville Page 3 4g Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2017, in the amount of $46,350 4h Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer 4i Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4j Acceptance of a Public Right-of-Way and a Drainage and Maintenance Easement dedication, located at the northwest corner of Cheek-Sparger Road and Heritage Avenue, and authorizing the city manager to execute the documents 4k Approval of a second amendment with Vision Internet for the redesign of the City’s website in the amount of $36,500 4l Approval to name the ponds at the Colleyville Nature Center, as proposed by the Facebook Friends/Colleyville Nature Center and the Colleyville Nature Center Pond Naming Ad Hoc Committee 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-17-2024 Consideration of a zoning change from the AG-Agricultural zoning district to the RE-Single Family Estate Residential zoning district on Tract 2, Abstract 1487, in the O. C. Strum Survey, located at 6204 L.D. Lockett Road, Case ZC17-014 5b Ordinance O-17-2025 Consideration of an appeal of the Planning and Zoning Commission's decision for a zoning change from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district on Lot 1A, Block 1, of the Twin Lakes Plaza Addition, located at 4007 Colleyville Boulevard, Case ZC17- 013 5c Ordinance O-17-2026 Consideration of an appeal of the Planning and Zoning Commission's decision of an amendment to the PUD-C Planned Unit Development Commercial requirements on Lots 6R and 7R, Block 1, of the Winding Creek Addition, located at 6504 and 6502 Colleyville Boulevard, Case ZC17-012 City Council Agenda September 5, 2017 City of Colleyville Page 4 5d Ordinance O-17-2027 Amending Ordinance O-16-1989 relating to the Fiscal Year 2017 budget 5e Ordinance O-17-2028 Adoption of the proposed Fiscal Year 2018 budget 5f Ordinance O-17-2029 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2018 5g Ordinance O-17-2030 Amending the City’s fee schedule by amending and restating Section 2- 26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services 5h Ordinance O-17-2031 An ordinance amending Section 3- Service Charges of the Water and Sewer Policy and Procedure Manual as contained in the Code of Ordinances of the City of Colleyville, Texas, to implement updated base rates and wastewater gallons charged for new customers 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4171 Consideration of a minor plat for the Stowe Addition, on property legally described as Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case PC17-005 6b Resolution R-17-4172 A resolution authorizing participation in, and acceptance of, non- matching grant funding for the purchase of rifle resistant vests, and designating the city manager as the authorized official 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Colleyville Special Events Ad Hoc Committee Minutes - June 28, 2017 Planning and Zoning Commission Minutes - July 10, 2017 Zoning Board of Adjustment Minutes - July 12, 2017 City Council Agenda September 5, 2017 City of Colleyville Page 5 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR September 5, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4173 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 1, 2017 by 5:00 p.m. Christine Loven, TRMC Assistant 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, September 5, 2017 Mayor Richard Newton called the Colleyville City Council worksession to order on Tuesday, September 5, 2017, at 5:35 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, 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, City Attorney Whitt Wyatt, and City Secretary Amy Shelley WS-1 Discussion of membership in TEX-21 Assistant to the City Manager James Hubbard presented this item and briefed the City Council. Mayor Newton stated he believes the $2,500 is well spent, given the information provided by the organization. City Manager Jerry Ducay agreed. Councilmember Dodson stated being concerned about citizens being taxed to pay for lobbyists. Mayor Newton concurred, and stated if we are concerned about something, this organization can provide the persons in which we would need to contact. Councilmember Dodson stated being against organizations who would lobby against our issues or concerns. Mayor Pro Tem Lindamood agreed. Councilmember Wheat asked Mayor Newton if we would be paying for access to greater information. Mayor Newton replied yes. Mayor Newton suggested that he should be the representative. Councilmembers agreed. City Council Minutes September 5, 2017 City of Colleyville Page 2 WS-2 Classification and Compensation Study update Human Resources Director Rachel Huitt presented this item and briefed the City Council. Mayor Newton stated he believes even though employees may receive a substantial pay raise to reach market pay, they should also be provided a merit, if they perform accordingly. Councilmember Dodson asked staff what is the merit pool percentage. Director Huitt replied the merit pool usually varies from three to four percent, and employees’ performance determines the percentage received. Mayor Newton added the merit pool represents a cash pool. Councilmember Dodson stated it is not feasible to provide everyone with 3.5 percent raises. Director Huitt stated for budgeting purposes an amount of money is set aside for merit, which is usually 3.5 percent. The percentage received by individual varies per their performance evaluation. Councilmember Nakamura asked Mayor Newton if he has changed his thought process on the merit. Mayor Newton replied yes, we are taking everyone to market minimum within their range, beginning October 1, and when the performance evaluations are provided in April, if those same employees are eligible for a merit, then they will also get the merit increase. He added there is a possibility of falling below the minimum in the ranges if we do not continue to provide for merit increases. Mayor Pro Tem Lindamood asked staff how someone who is already topped out can receive more than top out. City Manager Jerry Ducay replied the ranges are projected to move annually according to the Consumer Price Index, or by a substantial adjustment every three to five years. Councilmember Wheat asked Mayor Newton if the plan is to do the comprehensive study every three years. Mayor Newton replied yes. Councilmember Wheat asked staff if we have been doing this study every three years. Director Huitt replied yes, the last two years the ranges have been adjusted, but not the employees. Mayor Newton added the approach to doing the study needs to be assessed because only comparing to the area cities is not going to continue to work, we may need to include selected private sector businesses as well as cities in the market evaluation. City Council Minutes September 5, 2017 City of Colleyville Page 3 WS-3 Economic Development Update Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood presented this item and updated the City Council. Councilmember Taylor asked staff if the developer is considering the Chesapeake property as well. Director Wood replied not yet. Councilmember Taylor asked staff if Taco Casa is building a new building. Director Wood replied yes, at Murphy Road and Precinct Line Road. Councilmember Taylor asked staff about the construction in the Frost Bank area, in the center next to Verizon. Director Wood replied the project had stalled, but it is now continuing to move forward. Mayor Pro Tem Lindamood asked staff if the trees in front of City Hall are still planned to be removed. City Manager Jerry Ducay replied yes, they are scheduled to be removed on Saturday, September 9. Councilmember Coplen stated she would like to see what is being planned. Councilmember Nakamura asked staff if the Village VOA is helping to pay for the beautification efforts in the Village. City Manager Jerry Ducay replied staff will track the time and money spent to offset the VOA dues for the recently purchased Village properties. Councilmember Coplen asked staff if the developer is aware of the tree located on the corner of Glade Road and Heritage Avenue. Director Wood replied yes. WS-4 All funds distribution report and discussion This item will be discussed at the September 19, 2017 meeting. WS-5 Quarterly discussion of the STAR (Status, Transparency, Accountability, & Results) Report There was no discussion of this item. WS-6 Discussion of the September 5, 2017, City Council regular agenda items There was no discussion of this item. Mayor Newton adjourned the worksession at 6:40 p.m. Mayor Newton called the Executive Session to order at 6:41 p.m. and called the roll. City Council Minutes September 5, 2017 City of Colleyville Page 4 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 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 Project Phase 1B and 2A Section 551.074 - Personnel - Deliberate the appointment, promotion, employment, duties and evaluation of the City employees; specifically, discuss appointment of City employees to newly created positions and filling the vacancies created within existing positions Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.074 Personnel, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:21 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:35 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, Parks Manager Heather Dowell, Assistant to the City Manager James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Amy Shelley City Council Minutes September 5, 2017 City of Colleyville Page 5 INVOCATION: Bruce Crandall, Counselor in the Bishopric 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-17-4169 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 concerns for the victims of Hurricane Harvey and shared the names of the staff members who have been deployed for assisting in the relief efforts. Mayor Newton shared correspondence from a Colleyville resident thanking the Fire and Police Departments for their care and professionalism when responding to a medical emergency at his home. Mayor Newton announced the City now owns the open space around City Hall which can now be used for various City events. City Manager Jerry Ducay added the Special Events Committee will meet tomorrow evening to discuss future City events. Mayor Newton reminded everyone the City is in the process of updating the Parks and Recreation Open Space Master Plan and the consultant is currently conducting a survey. He encouraged citizens to participate in the survey which is available on the City’s website and copies are available on the back table. Mayor Newton added there is a Parks and Recreation Open Space Master Plan public meeting will be held September 14, at 6:00 p.m. at Colleyville Center, 5301 Riverwalk Drive. Mayor Newton announced the Colleyville Chamber of Commerce is now accepting applications for Leadership Colleyville. In recognition of the Classification and Compensation Committee members Mayor Newton recognized the Classification and Compensation Committee for their work and introduced members: City Council Representatives: Mayor Richard Newton, Councilmembers Tammy Nakamura, and Nancy Coplen; Staff committee members: Parks Manager Heather Dowell, Public Works Director Jeremy Hutt, City Council Minutes September 5, 2017 City of Colleyville Page 6 Assistant Police Chief Robert Hinton, Fire Battalion Chief Tim Folden, and Human Resources Director Rachel Huitt. Mayor Newton recognized citizen members Bo Bottger, Lenonna Nichols, and Scott Redfearn and presented them with a Colleyville Then and Now history book. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17-4170 4a Approval of the City Council worksession minutes of August 8, 2017 4b Approval of the minutes of the regular City Council meeting of August 15, 2017 4c Approval of the Special City Council Meeting minutes of August 24, 2017 4d Approval of the City Council worksession minutes of August 24, 2017 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2018-2022 of the Colleyville Economic Development Corporation 4f Adoption of the Colleyville Economic Development Corporation Fiscal Year 2018 Budget 4g Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2017, in the amount of $46,350 4h Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer 4i Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4j Acceptance of a Public Right-of-Way and a Drainage and Maintenance Easement dedication, located at the northwest corner of Cheek-Sparger Road and Heritage Avenue, and authorizing the city manager to execute the documents 4k Approval of a second amendment with Vision Internet for the redesign of the City’s website in the amount of $36,500 4l Approval to name the ponds at the Colleyville Nature Center, as proposed by the Facebook Friends/Colleyville Nature Center and the Colleyville Nature Center Pond Naming Ad Hoc Committee City Council Minutes September 5, 2017 City of Colleyville Page 7 Mayor Newton read Resolution R-17-4170 in its entirety. Assistant City Manager/Director of Public Safety Mike Holder briefed the City Council regarding item 4h. Public Works Director Jeremy Hutt briefed the City Council regarding item 4j. Councilmember Dodson asked staff if there will be any impact from drainage from the development in Euless. Director Hutt replied no. Interim Assistant City Manager/Director of Economic Development and Communications Mark Wood briefed the City Council regarding item 4k. Councilmember Dodson asked staff about the elapsed time of 22 weeks for the various phases, but the target completion is at the end of January. Director Wood replied the timeline is pretty close to that target, and maybe staff can speed it up a bit, but it will likely take 22 weeks. Councilmember Dodson stated he would like to know what we are getting and to have time to test. Director Wood replied there will be a little over two months to test. Councilmember Dodson asked if the five percent increase is also included on the master contract. Director Wood replied staff was able to get some fees reduced on the maintenance side, but there is a five percent escalation which is non- negotiable. Mayor Newton asked staff who will manage this project. Director Wood replied he will. Mayor Newton asked staff if this is an addendum and that is where the five percent is coming from. Director Wood replied yes. Parks Manager Heather Dowell briefed the City Council regarding item 4l. Councilmember Coplen stated it is a good idea to have the ponds named for public safety reasons. Councilmember Taylor provided an amendment to pages 11 and 15 of the City Council meeting minutes of August 15, 2017, to provide greater clarity to the Land Development Code and the property taxes. Mayor Newton opened the public hearing at 8:11 p.m. City Council Minutes September 5, 2017 City of Colleyville Page 8 Kathy Hadley, 204 Timberline Drive North, spoke about item 4l, naming the ponds at the Nature Center, stated not wanting the Nature Center to ever develop. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:13 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4170 with the amendments to the meeting minutes. Councilmember Nakamura 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): FIRST READING AND PUBLIC HEARING 5a Ordinance O-17-2024 Consideration of a zoning change from the AG-Agricultural zoning district to the RE-Single Family Estate Residential zoning district on Tract 2, Abstract 1487, in the O. C. Strum Survey, located at 6204 L.D. Lockett Road, Case ZC17-014 Mayor Newton read the caption of Ordinance O-17-2024. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:18 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:18 p.m. This is a first reading, therefore City Council did not take action. 5b Ordinance O-17-2025 Consideration of an appeal of the Planning and Zoning Commission's decision for a zoning change from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district on Lot 1A, Block 1, of the Twin Lakes Plaza Addition, located at 4007 Colleyville Boulevard, Case ZC17-013 Mayor Newton read the caption of Ordinance O-17-2025. City Council Minutes September 5, 2017 City of Colleyville Page 9 Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood presented this item and briefed the City Council. Alexandria Waters, Lidl, 4832 LBJ Freeway, Dallas, presented this item and briefed the City Council. Shawn Graham, engineer, 6509 Windcrest, Plano was available to answer engineering questions. Gray Reed, Lidl, 1819 Euclid, Dallas was also available to answer questions. Mayor Newton asked Ms. Waters about the products Lidle sells. Ms. Waters replied Lidl is a private label store with some national brands. Mayor Newton asked Ms. Waters what private label means. Ms. Waters replied they have their own manufacturers coming from their own distribution centers. Mayor Newton stated some people equate private labels as cheaper quality. Ms. Waters replied Lidl offers quality products, at a convenient location, and is considered a discount grocer. Mayor Newton asked Ms. Waters how long Lidl has been open in the US. Ms. Waters replied two to three months, but well received. Councilmember Dodson asked Ms. Waters if the produce is private labeled. Ms. Waters replied no. Councilmember Dodson asked Ms. Waters if the produce is from local suppliers. Ms. Waters replied yes, fresh produce is delivered every day. Mayor Newton asked Mr. Graham about wetland mitigation and who is this bought from. Mr. Graham answered and explained the process of wetland mitigation and the use of mitigation banks. Mayor Newton asked Mr. Graham if there are multiple mitigation entities to purchase the mitigation. Mr. Graham replied yes. Mayor Newton asked Mr. Graham how the mitigation amount was settled upon. Mr. Graham replied the mitigation bank provided the dollar amount based on the credit scoring of the wetland. Mayor Newton asked Mr. Graham if the mitigation costs are the same throughout the multiple mitigation entities. Mr. Graham replied it depends if it is located in their primary or secondary service area, and it is cheaper if you are located in the primary area. Mayor Pro Tem Lindamood asked Mr. Graham about the number of parking spaces. Mr. Graham replied Lidl has a parking standard of 160 spots, and by City Council Minutes September 5, 2017 City of Colleyville Page 10 reducing the parking from 173 to 160, it created more open space to meet the requirements. Mayor Pro Tem Lindamood asked Mr. Graham if they were able to save more trees. Mr. Graham replied no, but it has allowed them to plant more along the frontage. Councilmember Nakamura asked Mr. Graham about the initial requirement to replace trees. Mr. Graham replied 182. Councilmember Dodson asked Mr. Graham what is being done to ensure the water flows through the property. Mr. Graham replied the water drains from the south, along SH26 through the outflows and drains through the property. The plan is to capture the drainage at the front of the property, and route it around the site or detain it in an underground detention pond. Councilmember Nakamura asked Mr. Reed if they chose local suppliers for products. Mr. Reed replied a lot of the produce is sourced locally, and as they evolve, they will have a team in DFW that is part of the product selection and vendors and suppliers. Mayor Newton asked Mr. Reed about the number of stores projected for Texas. Mr. Reed replied in the triple digits in Texas for the next three to five years. Councilmember Wheat asked Mr. Reed who are their biggest competitors. Mr. Reed replied everybody who provides unique products such as Trader Joes. He added their distribution is comparable to Trader Joes, every month a different product will be displayed, such as Greek, Italian, etc. Councilmember Nakamura asked Mr. Reed about their exit strategy, if the business is not successful. Mr. Reed replied it was stated it would not work in the UK, and now we outsell that market. If we were not successful, then we would sell the building or find another function for it because the intent is not to have an empty building. Councilmember Taylor suggested adding glass or some other architectural features to the side facing SH26 to make it more aesthetically appealing. Mayor Newton stated the architectural scoring needs to be improved and the dumpster in the front is also not aesthetically appealing, and those appearances are very important to us. Mayor Newton asked Mr. Graham if the parking lot islands will be landscaped. Mr. Graham replied yes. City Council Minutes September 5, 2017 City of Colleyville Page 11 Mayor Newton asked Mr. Graham if the right-of-way buffer will go away with the completion of SH26. Mr. Graham replied no, the right-of-way has been dedicated for SH26 and the 20 foot landscaped buffer will remain. Mayor Newton asked Mr. Graham if the cart storage will be screened, and if so, with what. Mr. Graham replied there will be a four foot masonry wall. Mayor Pro Tem Lindamood asked Mr. Graham if the cart rack could be moved back, glass in those two sections, and put the dumpster in the back, behind trees. Mr. Graham replied by moving the cart storage, all will move further into the parking, and moving the dumpster would then be further from the building from a user’s standpoint. Councilmember Coplen asked Mr. Graham if cladding or adding glass (changing the façade) could be considered; she stated being confused, as a patron, on how to get into the store. Mr. Graham replied all could be considered. Councilmember Taylor asked Mr. Reed about the reason or need for 160 parking spaces. Mr. Reed replied from the business experience based on the east coast, the parking is necessary. Mayor Newton asked Mr. Graham the size of the parking space. Mr. Graham replied 10 x 20. Mayor Newton asked staff about the parking space width for Walmart and Market Street. Director Wood replied 10 x 19. Councilmember Wheat asked Mr. Reed what other businesses tend to be attracted to settle next to Lidl. Mr. Reed replied Race Trac, QT, restaurants, medical office, O Reily’s, lots of users. Councilmember Wheat asked Mr. Reed about the uses next to the facilities on the east coast. Mr. Reed replied a sushi restaurant and Taco Bell have moved in next to Lidl. Mayor Newton asked Mr. Reed why this location in Colleyville. Mr. Reed replied the population density and usable/disposable income is considered when placing a Lidl, and Colleyville fits those target demographics. He added they also like to be around competitive retail. Mayor Newton asked Mr. Reed what competitive retail is in the area. Mr. Reed replied Sprouts. Mayor Pro Tem Lindamood asked staff about the new parking plan. Director Wood replied the new plan was provided today, which is reflected on the exhibits tonight. City Council Minutes September 5, 2017 City of Colleyville Page 12 Mayor Newton opened the public hearing at 9:11 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the request with concerns of the competition created with the existing grocery stores. John Zeitlin, 1800 Glade Road, spoke in support of this request. He stated having some concerns about some of the architectural features, but stated the City can work with Lidl. Jeff Byerly, 7109 Pebble Hill Drive, spoke in opposition to the request with concerns about the placement or orientation of the building, and stated the area could be developed as a whole development with property from Acuff. The following person did not wish to speak, but did wish to register his support: Chris Putnam, 204 White Drive. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:19 p.m. Mayor Newton asked Mr. Byerly if his property goes all the way to SH26. Mr. Byerly replied it does not, it abuts the subject property on the back right corner. Mayor Pro Tem Lindamood asked Mr. Byerly if his property was the location in which a wedding chapel applied. Mr. Byerly replied yes, about five years ago. Mayor Newton asked Mr. Graham how the drainage is designed for the subject property. Mr. Graham stated there will be a box culvert to SH26 and then it will turn southeast to the corner. He stated the box culvert will discharge from the site, just like it does today, and the increased flow will be detained underground. Mayor Newton asked Mr. Graham how the underground pond works. Mr. Graham replied there will be controlled points under the pavement to control the drainage outflow. Councilmember Taylor asked Mr. Graham about rotating the building. Mr. Graham replied it has been considered, but the length of the building and the location of the loading dock and fire lane prohibit the rotation. Mayor Newton asked Mr. Graham about changing the look of the exposed wall, like another façade type. Mr. Graham replied there may be something that can be considered. Mayor Newton stated this item will require a super majority to pass. Mayor Pro Tem Lindamood expressed his appreciation to Lidl and stated he hopes something can be done to make this work. City Council Minutes September 5, 2017 City of Colleyville Page 13 This is a first reading, therefore City Council did not take action. 5c Ordinance O-17-2026 Consideration of an appeal of the Planning and Zoning Commission's decision of an amendment to the PUD-C Planned Unit Development Commercial requirements on Lots 6R and 7R, Block 1, of the Winding Creek Addition, located at 6504 and 6502 Colleyville Boulevard, Case ZC17-012 Mayor Newton read the caption of Ordinance O-17-2026. Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood presented this item and briefed the City Council. Mayor Newton asked staff if there is an existing building on this property. Director Wood replied no, this will be the first building. Mayor Newton asked staff if the developer will build the wall. Director Wood replied yes. Mayor Newton asked staff about the planting of trees if the lots are developed. Director Wood replied 43 waxed myrtles are required before the issuance of the first certificate of occupancy, the 221 caliper inches is required by the time the last certificate of occupancy, or fifth building is constructed. Mark Alfonso, 5104 Old Oak Lane, and applicant, presented this item and briefed the City Council. Clay Kristi, Claymore Engineering, and Gary Williams, Architectural, presented this item and briefed the City Council as well. Councilmember Nakamura asked Mr. Williams if the second story is for looks only, there are no offices. Mr. Williams replied there is an office and grooms room on the second floor, and the balcony opens up into the business office. He stated the very top floor is for aesthetics only. Mayor Newton asked Mr. Williams if the office space will be closed during an event. Mr. Williams replied yes. Mayor Pro Tem Lindamood asked Mr. Williams if the person serving alcohol will be licensed. Mr. Williams replied yes. Mayor Newton asked Mr. Kristi about the number of parking spaces and how many are required. Mr. Kristi replied currently 80 on site and 40 are required per the ordinance. City Council Minutes September 5, 2017 City of Colleyville Page 14 Councilmember Nakamura asked Mr. Alfonso if there will be shared parking. Mr. Alfonso replied yes, there will be a shared parking agreement. Mayor Newton asked staff why only 40 parking spaces are required by the City. Community Development Director Ben Bryner replied 40 spaces are required for one space for every 300 square feet per office ratio. He added a wedding chapel use requires one parking space for every three seats, which equate to 240 seats for 80 parking spaces. Mayor Newton asked Mr. Alfonso about the permanence of the shared parking agreement. Mr. Alfonso replied through the life of the building. Mayor Newton asked Mr. Alfonso what happens to the agreement if the building sells. Mr. Alfonso replied the shared parking agreement would be for the life of the use. Councilmember Nakamura suggested making sure about the life of the agreement, as this is a concern given the number of parking spaces needed. Councilmember Taylor stated the 80 parking spaces is in compliance for this use. Mayor Newton suggested that the agreement should be a recordance of the perpetual documents so that parking does not become an issue. Mayor Newton asked Mr. Alfonso about the catering and how it is billed so that sales tax flows to Colleyville. Mr. Alfonso stated the caterer acts as a subcontractor and does not charge a tax; however, in turn he will tax the wedding client. Gary Kettle, sound engineer, provided insight to the sound concerns. Councilmember Nakamura asked Mr. Kettle if the noise from the building is minimal. Mr. Kettle replied yes, the neighbors will not hear anything happening inside the buildings. City Manager Jerry Ducay asked Mr. Kettle if the buildings will actually benefit the neighbors from the noise from SH26. Mr. Kettle replied yes. Mayor Newton opened the public hearing at 10:05 p.m. Bryan Smith, 6516 Kingston Drive, spoke in support of this request. There were no others present wishing to speak and Mayor Newton closed the public hearing at 10:06 p.m. Councilmember Taylor asked Mr. Alfonso about the need for these types of facilities. Mr. Alfonso replied there is a need, there are websites, such as Wedding Knot, that advertise there are 35,000 weddings each year in the DFW area. He stated there are only 52 Saturdays in a year, and they have weddings booked for January 2019. City Council Minutes September 5, 2017 City of Colleyville Page 15 Councilmember Taylor stated he wants some assurances the building will look like the conceptual site plans indicate. Mr. Alfonso replied his business will not be successful without this design. This is a first reading, therefore City Council did not take action. Mayor Newton recessed the meeting at 10:10 p.m. Mayor Newton reconvened the meeting at 10:29 p.m. 5d Ordinance O-17-2027 Amending Ordinance O-16-1989 relating to the Fiscal Year 2017 budget Mayor Newton read the caption of Ordinance O-17-2027. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton asked staff about the rational for having 100 days in reserve for the General Fund and 90 for the Utility Fund; maybe they should be the same. Manager Lothery replied this can be changed, if the City Council desires, 100 days had been a part of a previous conversation. Mayor Newton suggested 100 days, at least, for both. Councilmember Taylor agreed. Mayor Newton opened the public hearing at 10:29 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:29 p.m. This is a first reading, therefore City Council did not take action. 5e Ordinance O-17-2028 Adoption of the proposed Fiscal Year 2018 budget Mayor Newton read the caption of Ordinance O-17-2028. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton opened the public hearing at 10:35 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:35 p.m. This is a first reading, therefore City Council did not take action. City Council Minutes September 5, 2017 City of Colleyville Page 16 5f Ordinance O-17-2029 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2018 Mayor Newton read the caption of Ordinance O-17-2029. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton opened the public hearing at 10:42 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:43 p.m. Mayor Newton explained this is the second of three public hearings which will be conducted regarding the tax rate: a third public hearing and vote on the proposed tax rate is scheduled during the regular City Council meeting on September 19, 2017. All City Council meetings are held in the Council Chambers, located at Colleyville city Hall, 100 Main Street, Colleyville, Texas. This is a first reading, therefore City Council did not take action. 5g Ordinance O-17-2030 Amending the City’s fee schedule by amending and restating Section 2- 26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services Mayor Newton read the caption of Ordinance O-17-2030. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton asked staff who is responsible for pulling a permit for water heater replacements. Community Development Director Ben Bryner replied the homeowner or the contractor. Mayor Newton asked staff why a homeowner would have to pull a permit. Director Bryner replied water heater replacements are required to be permitted, per state law. Councilmember Taylor asked staff if it matters if the water heater is gas or electric. Director Bryner replied it does not matter, and homeowners can replace their water heaters, but it needs to be inspected. Mayor Newton asked staff how we justify raising the fees by 100 percent. Director Bryner replied the cost is to recover staff’s cost of review, reports, and City Council Minutes September 5, 2017 City of Colleyville Page 17 inspections. He stated we are on the lower end compared to adjacent communities relative to plat fees. Mayor Newton stated sidewalk waivers would be on the homeowner for those requests; what does staff have to do on their end. Director Bryner replied staff would provide the staff reports to bring it forward to City Council. Mayor Newton stated this would actually be staff’s job. Mayor Pro Tem Lindamood stated the water heater replacement fee does seem to be high for residents, especially if they are doing the work themselves. Mayor Newton asked staff how many of these are actually submitted for permitting. Director Bryner replied he can provide a report for those permits pulled. Councilmember Taylor stated the resident is paying for those services, but a builder is profiting from a new build. He stated he does agree with the inspection process, especially for safety. He stated he does not agree with the homeowner being charged. Mayor Pro Tem Lindamood suggested having a contractor fee versus a homeowner fee. Councilmember Taylor agreed. Mayor Newton suggested providing options or approaches so that City Council can understand the increases better. Mayor Newton opened the public hearing at 11:00 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:00 p.m. This is a first reading, therefore City Council did not take action. 5h Ordinance O-17-2031 An ordinance amending Section 3- Service Charges of the Water and Sewer Policy and Procedure Manual as contained in the Code of Ordinances of the City of Colleyville, Texas, to implement updated base rates and wastewater gallons charged for new customers Mayor Newton read the caption of Ordinance O-17-2031. Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Councilmember Nakamura asked about the updated utility bill format. Manager Lothery replied it is scheduled for the October billings. Mayor Newton opened the public hearing at 11:08 p.m. City Council Minutes September 5, 2017 City of Colleyville Page 18 There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:08 p.m. This is a first reading, therefore City Council did not take action. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4171 Consideration of a minor plat for the Stowe Addition, on property legally described as Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case PC17-005 Mayor Newton read Resolution R-17-4171 in its entirety. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Nakamura asked staff if the 40 foot setback puts the house in the same location as the house to the north. Director Bryner replied yes, with both facing Pleasant Run Road. Councilmember Dodson asked staff if the setback is 40 feet from Shelton Drive as well. Director Bryner replied they requested a 30 foot setback, and the Planning and Zoning Commission approved that waiver. Councilmember Wheat asked staff how this request is any different than the previous zoning change request. Director Bryner replied that was an actual zoning change and upon approval of that, the plat waivers would not be required. This request keeps the AG zoning district. Councilmember Wheat asked staff if these waivers are the only ones that can be requested. Director Bryner replied the only other waiver would be to the lot coverage percentage, but that would only be approved by the Zoning Board of Adjustment, but they would have to prove a hardship. Councilmember Taylor asked staff if they believe it really needs a 40 foot setback from Pleasant Run Road, as he believes there was some debate about needing that much street frontage. Mayor Newton replied the neighbor next door has the same setback. Councilmember Wheat stated she does not believe the previous concerns from the neighbors are being addressed with this plat request. Mayor Newton stated this protects nothing, the plat waivers have the same effect as the previous requested R20 zoning change. Jeff Avery, applicant, presented this item and briefed the City Council. City Council Minutes September 5, 2017 City of Colleyville Page 19 Councilmember Taylor asked Mr. Avery if he has a lot of record. Mr. Avery replied they have a 21,000 square foot, non-conforming piece of AG-Agricultural zoned property. Councilmember Nakamura asked Mr. Avery how long the family has owned the property. Mr. Avery replied not knowing exactly. Mayor Newton asked staff how the adjacent property was approved for platting. Director Bryner replied the plat was approved before the building permit was issued. Councilmember Wheat stated the property owner stated the properties were split by the family members. Mayor Newton stated being uncomfortable when people do not know about what is going on. Mr. Avery replied one of the Planning and Zoning Commissioners lives close to this property, and there was no opposition to this request at the Planning and Zoning Commission meeting. Mayor Newton suggested tabling this request and re-notifying the property owners. Councilmember Taylor stated having concerns about property rights. City Attorney Whitt Wyatt provided an explanation about property rights, and the request proposed this evening as official action, and not action to remove value from the property. Councilmember Taylor asked staff if the property owner can appeal this request to the Zoning Board of Adjustments and claim a hardship. City Attorney Whitt Wyatt replied a new application can be made to ZBA, but any new attempts or ideas for variances would go through a process, but this item is only for a plat. Mayor Newton suggested this item be tabled to re-notify the property owners. Councilmember Taylor stated being concerned about the plat expiration. Director Bryner replied there is a 30 day waiver signed for statutory plat requirements; however, property owners are not notified of a single lot plat, and letters have not been sent. Mayor Pro Tem Lindamood suggested the applicant should bring an exhibit with the placement of the proposed home. Mr. Avery explained the location of the proposed home. Mayor Newton opened the public hearing at 11:36 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:36 p.m. City Council Minutes September 5, 2017 City of Colleyville Page 20 Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request with concerns of density. Mayor Newton made a motion to table Resolution R-17-4171 to the October 10, 2017 City Council meeting with a notification sent to the property owners. Mayor Pro Tem Lindamood seconded the motion. 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 6b Resolution R-17-4172 A resolution authorizing participation in, and acceptance of, non- matching grant funding for the purchase of rifle resistant vests, and designating the city manager as the authorized official Mayor Newton read Resolution R-17-4172 in its entirety. Assistant City Manager/Director of Public Safety Mike Holder presented this item and briefed the City Council. Mayor Newton opened the public hearing at 11:45 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:45 p.m. Councilmember Nakamura made a motion to approve Resolution R-17- 4172. 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 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, spoke about the Tree Board members (where are they), and stated the trees on Bransford Road and Glade Road are being compromised by the construction workers by parking their heavy machinery on the root beds. She stated having concerns about children running into the road at the soccer fields located at Roberts Road and Glade Road because she ran over City Council Minutes September 5, 2017 City of Colleyville Page 21 a soccer ball in the roadway. She stated James Day should receive the notice on Shelton and Pleasant Run Road. 8. REPORTS Colleyville Special Events Ad Hoc Committee Minutes - June 28, 2017 Planning and Zoning Commission Minutes - July 10, 2017 Zoning Board of Adjustment Minutes - July 12, 2017 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR September 5, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4173 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 11:56 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 19TH DAY OF SEPTEMBER 2017. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary