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HomeMy WebLinkAboutCity Council-Minutes-08/15/2017 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, August 15, 2017 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Overview of CWD transition communication plan WS-2 Discussion and update on Colleyville's website design WS-3 Discussion of naming the ponds at the Nature Center WS-4 Discussion of the Trinity Railway Express Funding Program WS-5 Discussion of the Colleyville Community Gardens WS-6 Discussion of the August 15, 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 and Village at Colleyville Condos Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City Council Agenda August 15, 2017 City of Colleyville Page 2 INVOCATION: Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4165 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's Featured Business of the Month - Walmart Neighborhood Market, 4904 Colleyville Boulevard, Store Manager Mena Zaki - Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting - Mayor Richard Newton and Chief Financial Officer Shereen Gendy, Accounting Manager Karen Hines, and Strategic Services Manager Adrienne Lothery 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17-4166 4a Approval of the minutes of the regular City Council meeting of August 1, 2017 4b Approval to replace the front three, overhead doors at Fire Station #1, located at 5209 Colleyville Boulevard, with four fold doors, in an amount not to exceed $129,755, and authorizing the city manager to execute the agreement 4c Approval of renewal contracts with Spectrum for internet service to City facilities in an amount not to exceed $90,876 a year, and authorizing the city manager to execute the contracts City Council Agenda August 15, 2017 City of Colleyville Page 3 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2019 Consideration of a Special Use Permit for an Accessory Building to exceed the total square footage permitted on Lot 1, Block 1, of the K Bar G Estates Addition, located at 6401 Westcoat Road, Case ZC17- 008 5b Ordinance O-17-2020 Consideration of an appeal of the decision of the Planning and Zoning Commission for a zoning change request from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC17- 009 5c Ordinance O-17-2021 Consideration of a request to appeal the decision by the Planning and Zoning Commission for a zoning change from the R-40 Single Family Residential zoning district to the R-30 Single Family Residential zoning district on Tracts 1B1A and 2C2B, Abstracts 1674 and 1038, in the Hall Medlin Survey, located at 600 John McCain Road, Case ZC17- 001 5d Ordinance O-17-2022 Consideration of amendments to the Colleyville Code of Ordinances, Chapters 86 and 91, related to telecommunications providers 5e Ordinance O-17-2023 Consideration of approval to adopt a design manual relative to network nodes 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a 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 August 15, 2017 City of Colleyville Page 4 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4167 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2018 at $0.333834 per hundred dollars of valuation and schedule the two required public hearings on the tax rate for August 24, 2017 and September 5, 2017 8. TABLED: RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-17-4161 A resolution approving the terms of a license agreement with the Colleyville Community Gardens for the use of McPherson Park for the purpose of establishing a community garden program, and authorizing the city manager to execute the agreement 9. DISCUSSION OF ITEMS NOT FOR ACTION 9a Quarterly Performance Management Report 9b Monthly Financial Report - July 2017 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 11. REPORTS Zoning Board of Adjustment Minutes - July 12, 2017 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 15, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17- 4168 13. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 11, 2017 by 5:00 p.m. Amy Shelley, TRMC City Secretary City Council Agenda August 15, 2017 City of Colleyville Page 5 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, August 15, 2017 Executive Conference Room Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, August 15, 2017, at 5:00 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 Councilmember Kathy Wheat arrived at 5:08 p.m. 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, SH26 Coordinator James Hubbard, Parks Manager Heather Dowell, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and Assistant City Secretary Christine Loven WS-1 Overview of CWD transition communication plan Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. CWD representatives Nicole Roemer and Jason Roemer were available to answer questions. Mayor Newton questioned the November dates for placing information in the Communicator as service begins with CWD on November 1. Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood stated the November issue will contain less time sensitive information and will highlight new services available from the vendor. WS-2 Discussion and update on Colleyville's website design Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood presented this item and briefed the City Council. Councilmember Dodson stated the two elements would have to be built first and the rest of the information could be added later. Director Wood concurred. Councilmember Dodson asked if adding the custom pages later will cause a lag in City Council Minutes August 15, 2017 City of Colleyville Page 2 launch time and if there will be time to test the website before roll out. Director Wood replied the vendor believes the timeframe will be January 2018. Councilmember Nakamura asked Mayor Newton why the City needs two custom pages and do we know how many hits the Library and Parks and Recreation pages receive. Mayor Newton replied he and Councilmember Dodson reviewed the Pflugerville site and talked with the representative, and it is their opinion the custom pages will provide consistency throughout the City. Councilmember Nakamura asked why the cost is so high. Mayor Newton said the costs increased because City Council requested the redesign outside of the initial contract. Mayor Pro Tem Lindamood asked if we did not move forward with the elements and design as presented, will we have a website which mirrors our current site. Mayor Newton said no, City Council has already reviewed what was proposed for the website and provided direction regarding redesign, and this request is a result of the initial direction; however, there will be more work to be done by staff and the vendor. Councilmember Taylor said he is in favor of consistency and would like to move forward to get the project finished. Councilmember Nakamura asked Mayor Newton if the consultant is making suggestions relative to design along the way. Mayor Newton responded the vendor provided the engineering, but did not interact with the graphics side, but now, with City Council and staff input, everything is coming together. Mayor Newton asked City Council if they wish to move forward with the design as presented. All concurred. Councilmember Taylor asked the City Manager to work to ensure as this project moves forward, the City branding is consistent throughout. City Manager Jerry Ducay added staff will bring back a recommendation in November or December for integration into the pages. Mayor Newton agreed and added as the schedule permits, City Council would like to see the drafts as they more forward. Director Wood concurred. WS-3 Discussion of naming the ponds at the Nature Center Parks Manager Heather Dowell presented this item and briefed the City Council. The City Council thanked the Friends of the Nature Center for taking on this project and directed staff to move forward. Manager Dowell stated a formal resolution with mapping will be brought before the City Council at a future date. City Council Minutes August 15, 2017 City of Colleyville Page 3 Manager Dowell said the Friends of the Nature Center are not aware of this, however, she recently had to have some dead trees removed from the Nature Center and she has sent them to an urban miller, to have them reused to create signs for the ponds. WS-4 Discussion of the Trinity Railway Express Funding Program Assistant to the City Manager James Hubbard presented this item and briefed the City Council. Mayor Newton stated there was a ridership survey conducted several years ago and there were only five riders from Colleyville. Mayor and City Council agreed there is no direct value to Colleyville residents therefore there is no reason to fund the TRE. WS-5 Discussion of the Colleyville Community Gardens Mayor Richard Newton presented this item. Mayor Newton stated he asked for this item to be on the agenda because there is currently a resolution before the City Council. Mayor Newton stated the group, Colleyville Community Garden (CCG), had impressed him with the presentation they gave to the City Council and he feels the citizens want a community garden. Mayor Newton spoke with North Richland Hills Mayor Pro Tem Scott Turnage who was a champion of the successful North Richland Hills Community Garden and Vickie Loftice, North Richland Hills Managing Director of Community Services, who oversees the community garden. Mayor Newton asked North Richland Hills how their community garden is structured, primarily because when the CCG lease agreement was created, the agreement called for the CCG to provide liability insurance and CCG was concerned about costs. Mayor Newton explained the North Richland Hills community garden is on property owned by a church, but the City of North Richland Hills leases the property and insures it under their park inventory. The City of North Richland Hills then established a citizens committee, which would be the equivalent of the group Natalie Genco and the others are proposing for Colleyville, which they oversee. One of the conditions of the city of North Richland Hills leasing the property from the church, is the church has a food bank and food must be donated to the food bank. Additionally, Mayor Newton said the city of North Richland Hills did say the city has done more work than they had anticipated, but the program is successful. Mayor Newton stated he is a proponent of this project, but it needs to be done well and be run by citizens or it will need to go away, and this is why he has asked for this item to be on the agenda, so it can be further discussed. City Council Minutes August 15, 2017 City of Colleyville Page 4 Mayor Newton asked City Attorney Whitt Wyatt if he is familiar how a community garden is run in other cities which his firm represents. Mayor Newton noted Natalie Genco and Rich Hendler were present and would be available to answer questions. Councilmember Taylor stated he has a concern, which may be a point of order, and asked why this item is being discussed in a worksession when this is a tabled item on the posted agenda. Citizens are expecting this to be discussed under a public hearing, not in a worksession, which does not allow the public to participate, and this is the third or fourth worksession where this has been discussed. Mayor Newton said his recommendation will be to leave the item tabled and he was hopeful this discussion would allow the CCG to move forward in a direction provided by the City Council, after all the questions are answered, and then the item could be disposed of. Councilmember Nakamura asked Mayor Newton if City Council is breaking a law. Mayor Newton said no, and he accepts Councilmember Taylor’s concern, but this is just a break in procedure and he accepts the input. Councilmember Taylor stated he does not recall this ever being done and asked it be noted as a point of order. Mayor Newton so noted. Councilmember Wheat asked Mayor Newton where we are with the liability insurance. Mayor Newton replied, this is a question. One structure is we require CCG to be a separate entity, under contract to the City, and be required to provide the insurance or the City appoint a community garden committee and the City provide the insurance. Councilmember Wheat said she believes it seems cleaner to have the City establish a committee and provide the coverage. City Manager Ducay agreed and noted if the CCG was a separate entity operating on City property and litigation arose, the City would be named and would be asked if it was going to intercede on their behalf, so if it is covered under the City umbrella, there is only one defense. Councilmember Dodson asked Mayor Newton what costs the City is going to be responsible for. Mayor Newton replied, initially the City was going to be responsible for the irrigation and water. Councilmember Nakamura asked if there are any other costs to the City. Mayor Newton asked Director Dowell to respond. Director Dowell stated her understanding of the direction provided by City Council was the City was not maintaining the garden, but the City would provide the land, installation of the irrigation system, and pay for the water. City Council Minutes August 15, 2017 City of Colleyville Page 5 Mayor Pro Tem Lindamood asked Natalie Genco if the group has sponsors and funding. Mrs. Genco replied they do have sponsorship and volunteers, but everyone is waiting until they receive a decision from the City to move forward. Councilmember Wheat asked Mrs. Genco if we moved forward and established this group as a City board, how would fund raising work. Mrs. Genco responded North Richland Hills established a separate 501(c)3 which can solicit and accept funding. City Manager Ducay concurred. Mayor Pro Tem Lindamood stated he feels this is a good community and family building activity and he supports the effort. Mayor Newton stated, based on everything discussed, his thought would be to remove the resolution from the agenda this evening and then move forward with the creation of a resolution at a later date. Rich Hendler stated he would support the community garden as long as it was not burdensome to City staff and suggested a two year trial effort. Mayor Newton thanked everyone for the discussion. WS-6 Discussion of the August 15, 2017, City Council regular agenda items There was no discussion of this item. Mayor Newton adjourned the worksession at 6:10 p.m. Mayor Newton called the Executive Session to order at 6:11 p.m. and called the roll. 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 Phase 1B and 2A Property Acquisition Update and Village at Colleyville Condos Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business City Council Minutes August 15, 2017 City of Colleyville Page 6 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 6:55 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 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, Recreation and Library Director Mary Rodne, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and Assistant City Secretary Christine Loven INVOCATION: Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4165 Mayor Newton read Resolution R-17-4165 in its entirety. Mayor Newton opened the public hearing at 7:37 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:37 p.m. Councilmember Dodson made a motion to approve Resolution R-17-4165. Councilmember Taylor seconded the motion. City Council Minutes August 15, 2017 City of Colleyville Page 7 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 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4165-1 Mayor Newton read Resolution R-17-4165-1 in its entirety. Councilmember Taylor stated for well over a decade the Library staff, Friends of the Library, and the Library Foundation have provided excellent programs for the citizens of Colleyville and have often utilized the lots being considered for many programs. Purchase of this land will allow staff to see across the street, conduct programs on level ground, and will be a “plaza” for City events. For all of those reasons, he supports this purchase. Mayor Pro Tem Lindamood stated he is super excited for the opportunity to develop this area as a venue for events, music, and business. Mayor Newton opened the public hearing at 7:43 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:43 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4165-1. 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 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton stated 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. City Council Minutes August 15, 2017 City of Colleyville Page 8 Mayor Newton announced the Colleyville Chamber of Commerce is now accepting applications for Leadership Colleyville. Councilmember Coplen noted Kurt Kleck from Boy Scout Troop 757, First Methodist, Bedford, is in the audience and thanked him for his participation. Councilmember Coplen also expressed her appreciation to all of the area churches which participated in the summer Feed the Children program. In this area 37,000 meals were distributed. Mayor Pro Tem Lindamood reminded everyone the City has a Facebook page which is updated continuously with information and thanked Dustin Dangli for his work and updating of the page. Mayor Pro Tem Lindamood stated school begins on Monday, and encouraged everyone to be safe and careful. In recognition of Colleyville's Featured Business of the Month - Walmart Neighborhood Market, 4904 Colleyville Boulevard, Store Manager Mena Zaki - Mayor Richard Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood Mayor Newton and Interim Assistant City Manager/Executive Director of Economic Development and Communications Mark Wood recognized the featured business of the month, Walmart Neighborhood Market and Store Manager Mena Zaki Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting - Mayor Richard Newton and Chief Financial Officer Shereen Gendy, Accounting Manager Karen Hines, and Strategic Services Manager Adrienne Lothery Mayor Richard Newton recognized Chief Financial Officer Shereen Gendy, Accounting Manager Karen Hines, and Strategic Services Manager Adrienne Lothery for earning the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4166 4a Approval of the minutes of the regular City Council meeting of August 1, 2017 4b Approval to replace the front three, overhead doors at Fire Station #1, located at 5209 Colleyville Boulevard, with four fold doors, in an amount not to exceed $129,755, and authorizing the city manager to execute the agreement City Council Minutes August 15, 2017 City of Colleyville Page 9 4c Approval of renewal contracts with Spectrum for internet service to City facilities in an amount not to exceed $90,876 a year, and authorizing the city manager to execute the contracts Mayor Newton read Resolution R-17-4166 in its entirety. Fire Chief Brian Riley briefed the City Council regarding item 4b. Councilmember Dodson asked staff if it is normal to only receive one bid for this type of project. Chief Riley stated five contractors had picked up bid packets, however, he feels the summer work-loads and shorter turn-around time eliminated some of the bids being returned. Information Systems Manager Chris Pena briefed the City Council regarding item 4c. Councilmember Taylor asked staff what is the issue in Keller. Manager Pena stated the server at the police department currently serves all police cars and fire vehicles. An upgrade will allow increased bandwidth which will allow all vehicles to be connected. Councilmember Dodson asked staff if we are locked in to long term agreements. Manager Pena said the ELAN is a one year agreement which allows the City to phase out services as we come on-line with our fiber network. Mayor Newton opened the public hearing at 8:04 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:04 p.m. Councilmember Nakamura made a motion to approve Resolution R-17- 4166. 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 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2019 Ordinance O-17-2019 - Consideration of a Special Use Permit for an Accessory Building to exceed the total square footage permitted on Lot 1, Block 1, of the K Bar G Estates Addition, located at 6401 Westcoat Road, Case ZC17-008 City Council Minutes August 15, 2017 City of Colleyville Page 10 Mayor Newton read the caption of Ordinance O-17-2019. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff if the red rectangle on the exhibit designates the property, or if the lot is larger. Director Bryner stated the property is a little larger. Mayor Newton said if we look at the Land Development Code, the whole property is AG use, and noted the table could stand to be updated. Director Bryner concurred. Councilmember Taylor suggested the Land Development Code should be scaled for allowable square footage with lot acreage. He suggested Director Bryner consider a revision to the Land Development Code which would include a maximum. Mayor Newton opened the public hearing at 8:13 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:14 p.m. Councilmember Coplen made a motion to approve Ordinance O-17-2019. Councilmember Lindamood 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-17-2020 Ordinance O-17-2020 - Consideration of an appeal of the decision of the Planning and Zoning Commission for a zoning change request from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC17-009 Mayor Newton read the caption of Ordinance O-17-2020. Community Development Director Ben Bryner stated the applicant has withdrawn the request. The City Council took no further action. City Council Minutes August 15, 2017 City of Colleyville Page 11 5c Ordinance O-17-2021 Ordinance O-17-2021 - Consideration of a request to appeal the decision by the Planning and Zoning Commission for a zoning change from the R-40 Single Family Residential zoning district to the R-30 Single Family Residential zoning district on Tracts 1B1A and 2C2B, Abstracts 1674 and 1038, in the Hall Medlin Survey, located at 600 John McCain Road, Case ZC17-001 Mayor Newton read the caption of Ordinance O-17-2021. Community Development Director Ben Bryner presented this item and briefed the City Council. Edward and Shearon Mitchell, 600 John McCain Road, presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:24 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the request with concern for zoning and preserving the larger lots. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:26 p.m. Mayor Newton stated there was a great deal of discussion regarding this item at the last meeting and since that time he met Mr. Mitchell at his property but, the facts still remain the same. This area is comprised mainly of estate lots and the City Council has consistently denied R-30 requests. Councilmember Taylor asked Mr. Mitchell what the hardship is. Mr. Mitchell responded when he purchased the property in 2011, the survey stated it was 2.02 acres which meant at that time he could subdivide the land. Councilmember Taylor noted the City purchased a portion Mr. Mitchell’s property. Mr. Mitchell stated the purchase ended up in eminent domain because he felt the purchase price was too low. Councilmember Taylor reiterated the City made a lawful purchase. Councilmember Nakamura asked Mr. Mitchell if an appraisal was done. Mr. Mitchell replied yes, but the appraisal was very low. Mayor Newton stated one decision in the City does not affect the entire City, however, continual decisions do. He further stated his decision tonight is based on the facts now and not on previous decisions. City Council Minutes August 15, 2017 City of Colleyville Page 12 Mayor Pro Tem Lindamood stated he is leaning toward a denial only because the City purchased the property, and he believes there are other options such as adding on to the home. Councilmember Taylor made a motion to deny Ordinance O-17-2021. Councilmember Taylor seconded the motion. The motion to deny 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 5d Ordinance O-17-2022 Ordinance O-17-2022 - Consideration of amendments to the Colleyville Code of Ordinances, Chapters 86 and 91, related to telecommunications providers Mayor Newton read the caption of Ordinance O-17-2022. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton stated if we do not pass this now, before the September 1 deadline and someone makes a request, we do not have the authority to review or assess fees. Director Bryner concurred. Councilmember Taylor stated the 5G autonomous infrastructure for autonomous vehicle technology will ramp up fast and legislators will probably allow us to put limitations in place. Mayor Newton concurred. Mayor Newton opened the public hearing at 9:04 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:04 p.m. Councilmember Taylor made a motion to approve Ordinance O-17-2022 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 5e Ordinance O-17-2023 City Council Minutes August 15, 2017 City of Colleyville Page 13 Ordinance O-17-2023 - Consideration of approval to adopt a design manual relative to network nodes Mayor Newton read the caption of Ordinance O-17-2023. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Coplen stated we need to limit the size of the nodes because they are very large. Director Bryner stated the City Council can designate design districts which will allow the City to control where these nodes can be placed. Mayor Newton opened the public hearing at 9:13 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:13 p.m. Mayor Newton made a motion to approve Ordinance O-17-2023, amending Section 3 to designate TIF Area 1 and 1A, and the right-of-way along Precinct Line Road as designated design districts and the Bidault House as a restricted historic district. Councilmember Coplen seconded the motion. The motion to approve, with the amendments to Section 3, 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. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a 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 Councilmember Dodson made a motion to remove Ordinance O-17-2015 from the table. Mayor Newton seconded the motion. The vote to remove the ordinance from the table was passed unanimously. City Council Minutes August 15, 2017 City of Colleyville Page 14 Mayor Newton read the caption of Ordinance O-17-2015. Community Development Director Ben Bryner presented this item and briefed the City Council. Mr. Scott Murchison, Tri County Electric and Mr. Don Perfect, Oncor, were present to answer questions. Mayor Newton stated he does not like loop holes in our ordinances because it makes it difficult for staff to enforce. Mayor Newton asked Mr. Scott Murchison, Tri County Electric, if he had reviewed the recommendations of ordinance language. Mr. Murchison stated he had not seen the language, however, Tri County’s only concern is there not be an unfair burden placed on rate payers if the electric company is required to make changes to its distribution lines. City Manager Ducay stated this ordinance is primarily relative to new development, not existing. Don Perfect, Oncor, stated he believes it is good to have language regarding permitting and hopes there is continual dialog regarding processes. Mayor Newton opened the public hearing at 9:35 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:36 p.m. Councilmember Taylor made a motion to approve Ordinance O-17-2015 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. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4167 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2018 at $0.333834 per hundred dollars of valuation and schedule the two required public hearings on the tax rate for August 24, 2017 and September 5, 2017 Mayor Newton read Resolution R-17-4167 in its entirety. City Council Minutes August 15, 2017 City of Colleyville Page 15 Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton stated this is the first of three public hearings on the tax rate, the next public hearing will be at a Special Meeting August 24, 2017. He further noted the tax rate represents a ten percent increase in appraised property values. Mayor Pro Tem Lindamood stated he is proud of the City Council and staff for being proactive. Councilmember Taylor stated we have a very nice community, but there is a very small portion of the tax which is for City services. Our school district has a very high tax rate which leaves the City for Austin. Councilmember Taylor stated Dr. Ryan has advised GCISD had just distributed $44 million dollars to the Robin Hood School Funding Program. Mayor Newton opened the public hearing at 9:45 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:45 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4167. 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. TABLED: RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-17-4161 A resolution approving the terms of a license agreement with the Colleyville Community Gardens for the use of McPherson Park for the purpose of establishing a community garden program, and authorizing the city manager to execute the agreement Councilmember Dodson made a motion to remove this item from the table, Councilmember Coplen seconded the motion. The motion to remove this item 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 City Council Minutes August 15, 2017 City of Colleyville Page 16 Mayor Newton briefed the City Council regarding this item. Mayor Newton stated the City Council is going to look at options for the community garden in the future, which will change the resolution and the direction of the City Council. Mayor Newton made a motion to remove this item from the agenda and future agendas. Councilmember Taylor seconded the motion. The motion to remove this item 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 9. DISCUSSION OF ITEMS NOT FOR ACTION 9a Quarterly Performance Management Report Strategic Services Manager Adrienne Lothery presented the performance management report. 9b Monthly Financial Report - July 2017 Chief Financial Officer Shereen Gendy presented the July financial report. 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, noted the fountain at Glade Road and Riverwalk Drive is clear; requested the curb be lowered by the pond on Bluebonnet Drive and Glade Road, as the ducks cannot cross; stated she received a citation for debris; the speed limit is too high on the Jackson and Cheek-Sparger roundabout; and stated she was a teacher and knows the $44 million paid to the Robin Hood program did not go to the schools. 11. REPORTS Zoning Board of Adjustment Minutes - July 12, 2017 There was no discussion of this item. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 15, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17- 4168 City Council Minutes August 15, 2017 City of Colleyville Page 17 This resolution was not needed. 13. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 10:26 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 5TH DAY OF SEPTEMBER 2017. Minutes taken and prepared by: Christine Loven, TRMC Assistant City Secretary