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HomeMy WebLinkAboutCity Council-Agenda Packets-12/05/2017 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, December 5, 2017 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of masonry wall requirements WS-2 Discussion of a farmer's market WS-3 Discussion of the December 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 items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Glade Road Project Phases 1B and 2 • City real property and facilities located within the Village at Colleyville • Acquisition of real property along Highway 26 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 City Council Agenda December 5, 2017 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Martin Richardson, Crown of Life 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-17-4205 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17-4206 4a Approval of the minutes of the regular City Council meeting of November 21, 2017 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2034 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority, and adding clarifying language related to fire hydrant meters 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4207 A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors 6b Resolution R-17-4208 A resolution establishing a Colleyville Community Garden Advisory Committee and appointing members 6c Resolution R-17-4209 A resolution appointing City Councilmembers to the Audit Committee City Council Agenda December 5, 2017 City of Colleyville Page 3 6d Resolution R-17-4210 Approval of a resolution to replace Resolution R-16-4023 adopting the City Council Rules of Procedure 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Colleyville Tree Board Minutes - January 5, 2015 Zoning Board of Adjustment Minutes - September 12, 2017 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 5, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4211 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 1, 2017 by 5:00 p.m. Christine Loven, 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 Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-1 Agenda Date 12/05/2017 Type Worksession Department Public Works Title Discussion of masonry wall requirements Strategic Plan 1.4 Communicate thoroughly and strategically 4.2 Encourage compatible commercial growth Explanation Updated Information: The City Council discussed the proposed ordinance amendment at the November 7, 2017 worksession. The Council expressed concerns about the method of construction for wood fences and asked staff to review the impacts of using wood and possible standards that would apply to ensure high quality. Ordinance – Chapter 3 (Land Use) of the LDC contains general construction requirements for wood fences: a. For commercial properties, all vertical posts on fences over four (4) feet in height shall be galvanized steel with a minimum two (2) and three-eighths (3/8”) inch diameter, a minimum fifteen (15) gauge thickness, and set in a concrete footing. Picket fences, split rail fences, ranch style or agricultural fences, or other types of decorative fences approved by the Building Official or his/her designee shall be permitted to use wood posts. b. Concrete footings shall be a minimum of eight (8) inches in diameter. c. For fences less than seven (7) feet in height, posts shall be spaced at a maximum of eight (8) feet on center, set in a concrete footing of no less than twenty-four (24”) inches deep. d. For fences that are seven (7) feet or greater in height, posts shall be spaced at a maximum of six (6) feet on center, set in a concrete footing of no less than thirty-six (36”) inches deep. e. Fence posts attached to or supported by other structures, including retaining walls, shall be provided with foundation and anchorage to prevent movement of structure or retaining wall. f. All materials shall be securely fastened, vertical boards to horizontal City Council Agenda Briefing City of Colleyville Page 2 stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism and other sources of decay. g. The bottom of the fence shall be designed to prevent ground to wood contact. This can be achieved through the use of a concrete strip poured between the fence supports or by raising the pickets to provide a minimum of two inches between the bottom of the pickets and the ground. Fences located within drainage easements must be approved by the Public Works Director per the requirements of Section 8-170 of the Land Development Code and shall be built such that required drainage and stormwater run-off is not impeded. h. All wood material shall be stained, pressure treated, painted, or adequately sealed to prevent decay. Explanation: A zoning change request located at 8303 Precinct Line Road from the R- 20 (Single Family Residential - Min. 20,000 sq/ft) district to the CPO (Professional Office) district was recently approved by the City Council. The purpose of the zoning is to allow for the existing house to be converted into an office. At the final reading by City Council, screening requirements were brought up for discussion. The current regulations require that a decorative masonry wall of a height not less than eight (8) feet be installed where a nonresidential use abuts a residential lot, use or district. The subject property is located adjacent to lots with the R-20 zoning. The majority of the lots on the block have the R-20 zoning designation. According to the Future Land Use Map of the City’s comprehensive plan, the properties on this block are designated ‘commercial’ and planned for non-residential development. Requiring a decorative masonry wall may not be appropriate when the intent is for the remaining properties to redevelop similarly to the subject property. The City Council asked staff to review the screening regulations and present an alternative. Existing Conditions/Background: The properties affected are generally located on the east side of Precinct Line Road north of McDonwell School Road. The majority of the properties are zoned R-20 Single Family Residential district with an existing house on the lot. The entire block north of McDonwell School Road is designated as ‘commercial’ on the City’s Future Land Use Map. It is anticipated that the lots with frontage onto Precinct Line Road will continue to redevelop for commercial (office & limited retail) uses. Ordinance – Chapter 3 (Land Use) of the Land Development Code (LDC) requires that a decorative masonry wall of a height not less than eight (8) feet be installed where a nonresidential use abuts a residential lot, use or district. City Council Agenda Briefing City of Colleyville Page 3 a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened, with a decorative masonry wall, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. Ordinance Amendment: Staff has reviewed the regulation and is proposing language for the City Council to consider that will allow for an alternative screening material to be approved by the Director of Community Development along the interior side property lines. The regulation would only apply to properties on a principal arterial street, such as Precinct Line Road, and when designated as ‘commercial’ on the City’s Future Land Use Map. a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use per the following: i. A decorative masonry wall to a height not less than eight (8) feet. ii. An alternate fencing material (e.g. wood, composite, or metal) along interior side property lines may be approved by the Director of Community Development or his/her designee where the nonresidential use exists on a principal arterial roadway as shown on the Master Thoroughfare Plan and the adjacent residential lot, use or district is designated for ‘commercial’ land use on the Future Land Use Map. If wood is approved, the fence shall be built in compliance with general construction requirements for wood fences. Attachments 1.Alternative Screening Material Presentation 2.Current Screening Regulations in Nonresidential Districts 3.Proposed Screening Regulations in Nonresidential Districts Discussion of a possible amendment to the Land Development Code to modify the screening material adjacent to residential properties in certain situations City Council Worksession December 5, 2017 Ordinance Amendment – Screening Required in Nonresidential Districts (Ch. 3) Objective To receive direction from the Ci ty Council regarding an ordinance amendment to modify the screening material adjacent to residential properties in certain situations. Background Information •A zoning change from the R-20 to CPO was recently approved by the City Council at 8303 Precinct Line Road. •Purpose is to allow for conversion of the existing house into an office. •R-20 zoning exists on adjacent lots. •The current regulations require a decorative masonry wall of a height not less than eight (8) feet be installed where a nonresidential use abuts a residential lot, use or district. •All lots on block are designated ‘commercial’ on the Future Land Use Map and planned for nonresidential development. •The City Council asked staff to review the screening regulations and present an alternative. Zoning Map Future Land Use Map D.General Requirements/Prohibitions for all Fences and Free -standing Walls 14.General Construction Requirements for Wood Fences: a.For commercial properties, all vertical posts on fences over four (4) feet in height shall be galvanized steel with a minimum two (2) and three-eighths (3/8”) inch diameter, a minimum fifteen (15) gauge thickness, and set in a concrete footing. Picket fence s, split rail fences, ranch style or agricultural fences, or other types of decorative fences approved by the Building Official or his/her designee shall be permitted to use wood posts. b.Concrete footings shall be a minimum of eight (8) inches in diameter. c.For fences less than seven (7) feet in height, posts shall be spaced at a maximum of eight (8) feet on center, set in a concr ete footing of no less than twenty-four (24”) inches deep. d.For fences that are seven (7) feet or greater in height, posts shall be spaced at a maximum of six (6) feet on center, set in a concrete footing of no less than thirty-six (36”) inches deep. e.Fence posts attached to or supported by other structures, including retaining walls, shall be provided with foundation and anchorage to prevent movement of structure or retaining wall. f.All materials shall be securely fastened, vertical boards to horizontal stringers, stringers to vertical posts, top rail, to ensure an ongoing attractive appearance and safe condition, free from rot, rust, vandalism and other sources of decay. g.The bottom of the fence shall be designed to prevent ground to wood contact. This can be achieved through the use of a concre te strip poured between the fence supports or by raising the pickets to provide a minimum of two inches between the bottom of th e pickets and the ground. Fences located within drainage easements must be approved by the Public Works Director per the requirements of Section 8-170 of the Land Development Code and shall be built such that required drainage and stormwater run- off is not impeded. h.All wood material shall be stained, pressure treated, painted, or adequately sealed to prevent decay. Section 3.26 Fences, Free Standing Walls, and Screening Materials –Existing Language D.General Requirements/Prohibitions for all Fences and Free -standing Walls 2.Screening Required in Nonresidential Districts: a.Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened, with a decorative masonry wall, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet . Section 3.26 Fences, Free Standing Walls, and Screening Materials –Existing Language D.General Requirements/Prohibitions for all Fences and Free -standing Walls 2.Screening Required in Non-Residential Districts: a.Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use per the following: i.A decorative masonry wall to a height not less than eight (8) feet. ii.An alternate fencing material (e.g. wood, composite, or metal) along interior side property lines may be approved by the Director of Community Development or his/her designee where the nonresidential use exists on a principal arterial roadway as shown on the Master Thoroughfare Plan and the adjacent residential lot, use or district is designated for ‘commercial’ land use on the Future Land Use Map. If wood is approved, the fence shall be built in compliance with general construction requirements for wood fences. Section 3.26 Fences, Free Standing Walls, and Screening Materials –Proposed Language Summary •Currently, an 8-foot tall decorative masonry wall will be required along the side and rear property lines. •The amendment will allow alternative material (e.g. wood) along interior side property lines for properties on principal arterial streets and when adjacent properties are designated ‘commercial’. •Alternative material will require approval by the Director of Community Development. D. General Requirements/Prohibitions for all Fences and Fee-standing Walls 2.Screening Required in Non-Residential Districts: a.Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened, with a decorative masonry wall, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. b.Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c.In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height and shall be composed of decorative masonry material d.Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use with a decorative masonry wall of not less than eight feet in height or a landscaped berm. e.All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. f.All required screening between residential and commercial, institutional, multifamily and mobile home uses shall be maintained in good condition by the property owner of the commercial, institutional, multifamily and mobile home use. Current Screening Regulations in Non-Residential Districts D. General Requirements/Prohibitions for all Fences and Fee-standing Walls 2.Screening Required in Non-Residential Districts: a.Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use per the following: i.A decorative masonry wall to a height not less than eight (8) feet. ii. An alternate fencing material (e.g. wood, composite, or metal) along interior side property lines may be approved by the Director of Community Development or his/her designee where the nonresidential use exists on a principal arterial roadway as shown on the Master Thoroughfare Plan and the adjacent residential lot, use or district is designated for ‘commercial’ land use on the Future Land Use Map. If wood is approved, the fence shall be built in compliance with general construction requirements for wood fences. b.Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height and shall be composed of decorative masonry material d.Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use with a decorative masonry wall of not less than eight feet in height or a landscaped berm. e.All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. f.All required screening between residential and commercial, institutional, multifamily and mobile home uses shall be maintained in good condition by the property owner of the commercial, institutional, multifamily and mobile home use. Proposed Screening Regulations in Nonresidential Districts City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-2 Agenda Date 12/05/2017 Type Worksession Department Economic Development Title Discussion of a farmer's market Strategic Plan 5.2 Support a variety of community events, concerts and celebrations Explanation Staff will lead a discussion of hosting a weekly farmer's market at the City Hall south property beginning in spring 2018. This was a recommendation of the Ad Hoc Special Events Committee. Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-3 Agenda Date 12/05/2017 Type Worksession Department City Secretary Title Discussion of the December 5, 2017, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 12/05/2017 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Glade Road Project Phases 1B and 2 City real property and facilities located within the Village at Colleyville Acquisition of real property along Highway 26 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 Attachments RESOLUTION R-17-4205 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 5, 2017 WHEREAS,following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 5TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor RESOLUTION R-17-4206 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 5, 2017 WHEREAS,City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a.Approval of the minutes of the regular City Council meeting of November 21, 2017 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 5TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, November 21, 2017 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, November 21, 2017, at 5:04 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. Also Present: Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Director of Public Safety Police Chief Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Shereen Gendy, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Marketing Coordinator Dustin Dangli, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Recommendations from Colleyville Special Events Ad Hoc Committee Library and Special Events Director Mary Rodne noted members of the Special Events Ad Hoc Committee were present and she presented the recommendations of the Special Events Ad Hoc Committee. Mayor Pro Tem Lindamood stated the movie in the Village on November 20 was well planned and attended. Assistant City Manager Mark Wood stated he is working with a company to manage a Farmer’s Market in front of City Hall during the summer. Mayor Newton thanked the committee for the work and stated he likes all of the recommendations. Rich Hendler stated the committee appointees worked well together, thanked Mark Wood for the assistance with the logistics of a farmer’s market. He also thanked City staff Kristi Isbell and Mary Rodne for their work. The City Council agreed to move forward. Mayor Newton asked the Committee and City Council to consider if the Committee should be made a standing committee. Councilmember Taylor asked if we had any history on the lack of response to a previous effort of a farmers market in the Village. City of Colleyville Page 2 City Council Minutes - DRAFT November 21, 2017 There was general discussion regarding social media, marketing, the changing community, and how to be responsive. Councilmember Coplen suggested the Committee continue to meet at the discretion of City staff. WS-2 2017 Council Priorities Workshop Report Assistant City Manager Adrienne Lothery reviewed the workshop process, highlighting the updated and new objectives in the strategic plan. Mayor Newton reviewed the report and stated he felt all was in order. He has made notes regarding some of the objectives and suggested reviewing the progress every quarter. Councilmembers concurred with the report results. Mayor Newton explained the SMART process. WS-3 Discussion of the STAR (Status, Transparency, Accountability, & Results) Report Assistant City Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton and the City Council agreed the new format will be beneficial with the quarterly tracking. WS-4 Discussion of dates for a Worksession on Land Development Code updates Mayor Newton explained staff has been working very diligently to address changes, but it is a daunting task which requires time. City Council noted there have been many changes over the years and dedicated time for review and direction is necessary. The City Council selected the date of January 23, 2018, at 6:00 p.m. to conduct a worksession for discussion and review of Land Development Code updates. WS-5 Discussion of the City/Colleyville Area Chamber of Commerce partnership Mayor Newton discussed this item and updated the City Council on the status of the Chamber of Commerce. City of Colleyville Page 3 City Council Minutes - DRAFT November 21, 2017 Councilmember Dodson asked if there would be a formal agreement put in place if the Chamber is allowed to utilize City offices. City Attorney Whitt Wyatt stated all agreements will be reviewed. WS-6 Discussion of the November 21, 2017, City Council regular agenda items There was no discussion of this item. Mayor Newton adjourned the worksession at 5:55 p.m. Mayor Newton called the Executive Session to order at 5:55 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 items on the agenda Section 551.071 - Legal - Consultation with attorney on the following legal issues requiring consultation with the attorney: ILA with FWTA regarding railroad Quiet Zones within the City Developer agreements with the Village Owners Association Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Glade Road Project Phases 1B and 2 City real property and facilities located within the Village at Colleyville Acquisition of real property along Highway 26 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 City of Colleyville Page 4 City Council Minutes - DRAFT November 21, 2017 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 6:20 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. Also Present: Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Director of Public Safety Police Chief Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Shereen Gendy, Community Development Director Ben Bryner, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. INVOCATION: Father Samuel William Bakhoum St. Mary's Coptic Orthodox 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-17-4201 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 recognized and expressed his appreciation to Police Chief/Director of Public Safety Mike Holder, who retired from the City November 30 and has taken an assistant city manager position in Kaufmann. Mayor Newton invited everyone to the Colleyville Christmas Tree Lighting, Friday, December 1, 5-8 p.m. at City Hall. Mayor Newton also announced the City is accepting applications for the Mayor for a Day contest until December 8. Children in grades two to seven can submit an essay about how they would make Colleyville a better place. Details are available on Colleyville.com. City of Colleyville Page 5 City Council Minutes - DRAFT November 21, 2017 Councilmember Nancy Coplen encouraged everyone to attend the Colleyville Woman’s Club Annual Home Tour on Sunday, December 3, from 11 a.m. to 5:00 p.m. Tickets are available online and the proceeds benefit many local agencies and charities. Councilmember Coplen also reminded everyone the Lion’s Club Breakfast with Santa will be held at Colleyville Center on Saturday, December 2. Mayor Pro Tem Bobby Lindamood thanked staff for their work with the Movie on the Green and encouraged everyone to participate in the many new City events being offered. Mayor Pro Tem Lindamood also thanked Councilmember Dodson for assisting him in hosting a meeting with the Boy Scouts in which they conducted a mock City Council meeting. Councilmember Dodson stated the scouts had very good questions participated well, and it was great fun. In recognition of Colleyville's Featured Business of the Month – Rio Mambo, 5150 Highway 121 - Mayor Richard Newton and Assistant City Manager Mark Wood Mayor Richard Newton and Assistant City Manager Mark Wood recognized Roseanne Johnson, owner, and Dave Mueller, Manager of Rio Mambo, the featured business of the month. Ms. Johnson thanked the Mayor and Council for the recognition and invited everyone out to Rio Mambo and distributed bracelets imprinted with their mantra, “relationships matter”. 4.CONSENT: READING AND PUBLIC HEARING RESOLUTION R-17-4202 4a Approval of the minutes of the regular City Council meeting of November 7, 2017 4b Approval to purchase an in-car police digital video system from WatchGuard, in an amount not to exceed $183,535, bid through the competitive bid process, and authorizing the city manager to execute all purchasing documents Mayor Newton read Resolution R-17-4202 in its entirety. Assistant Police Chief Robert Hinton briefed the City Council on item 4b and answered questions. Mayor Newton opened the public hearing at 8:00 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:00 p.m. City of Colleyville Page 6 City Council Minutes - DRAFT November 21, 2017 Councilmember Dodson made a motion to approve Resolution R-17-4202, with a correct to the minutes of November 7, 2017. Councilmember Taylor 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-17-2034 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority Mayor Newton read the caption of Ordinance O-17-2034. Chief Financial Officer Shereen Gendy presented this item and briefed the City Council. Mayor Newton stated the water volumetric fee is down and the sewer base rate is up by $.50, both rates are completely dictated by the Trinity River Authority and the City has no control over those fees. CFO Gendy concurred. Mayor Newton stated he is aware there is an out of City additional charge of $4.00 for water and $6.00 for sewer, and he knows the fee has been in place a long time, but does not know how the numbers were derived and if the additional charges actually cover the cost to deliver the service. Mayor Newton asked staff if the water hydrant fee which is used by contractors needs to be reconsidered to be consistent with the residential fees. Councilmember Taylor stated in the past the City allowed the use of the hydrants to try to keep heavy water trucks off the streets. Staff will research and provide the City Council with information by the second reading. Mayor Newton stated he has some questions regarding Section 6 of the Capital Project Rates, however, he will wait until the next meeting to delve into those questions. City of Colleyville Page 7 City Council Minutes - DRAFT November 21, 2017 Mayor Newton opened the public hearing at 8:12 p.m. There was no one present wishing to speak and Mayor closed the public hearing at 8:12 p.m. This was a first reading, therefore City Council did not take any action. 6.RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4203 A resolution changing July, October, and November 2018 City Council meetings dates Mayor Newton read Resolution R-17-4202 in its entirety. Mayor Newton asked City Council if there was a need to move the January 2, 2018 meeting date. Following discussion the City Council chose to move the January 2, 2018 meeting to Wednesday, January 10, 2018. Mayor Newton opened the public hearing at 8:19 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:19 p.m. Mayor Newton made a motion to approve Resolution R-17-4203 changing the 2018 City Council meeting dates for January, July, October, and November to Wednesday, January 10; Monday, July 2, 2018; Monday, October 1, 2018, and Monday, November 5, 2018. 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. TABLED: RESOLUTION(S): READING AND PUBLIC HEARING 7a 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 Councilmember Taylor made a motion to remove Resolution R-17-4171 from the table. Councilmember Coplen seconded the motion. The motion to remove Resolution R-17-4171 from the table carried with the following vote: City of Colleyville Page 8 City Council Minutes - DRAFT November 21, 2017 Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Mayor Newton read Resolution R-17-4171 in its entirety. Community Development Director Ben Bryner reviewed this item and updated the City Council. Mayor Newton opened the public hearing at 8:33 p.m. Greg Shannon, 3205 Tanglewood Trail, Fort Worth, representing the Stowe estate, spoke in support of this item and read a letter from an heir of the trust which stated the family was confused regarding the requests of the City to settle the trust. Mr. Shannon stated the trust hired a consultant to provide an independent appraisal of the property and a real estate agent. Once potential buyers contacted the City the offers were half the appraised value because of the comment of the City Council. Cary Schroeder, 6821 Chase Street, North Richland Hills, an attorney for the trust, spoke in support of this item, stating their client is requesting the same allowances which were provided to Mrs. Grossman. Cecil Stowe, 109 SW Newton, Burleson, spoke in support of this item, stating it has taken too long to settle the estate and he doesn’t understand the confusion as he has looked at the house on the lot next door. He also stated he would think the City Council would prefer to have a home on the lot valued at $250,000 or more for tax purposes, rather than a vacant lot valued at $125,000. Jason Elms, 801 Shelton Drive, spoke in opposition to this item stating the City is in a difficult position but the house must face Shelton and Council must hold to the zoning. Jeff Avery, 1314 Worthington Street, Grapevine, spoke in favor of the item stating the width seems to be the trouble and reminded City Council they are not asking to subdivide the land. Mr. Avery stated if the 40 foot setback is granted an attractive home can be built. James Day, 805 Shelton Drive, spoke in opposition to this item stating at the October 10 meeting, City Council asked the builder to meet with neighbors and as of this date no contact had been made. Mr. Day stated his calculations would indicate the proposed home would be 4,000 square foot, which is twice the size of this three bedroom home and 5.7 percent larger than most of the homes in the area. Mr. Day said easements were put in place for fire prevention, gas, and sewer and should not be tampered with. For those reasons and considering the City of Colleyville Page 9 City Council Minutes - DRAFT November 21, 2017 traffic, he recommends the house face Shelton with an address of 816 Shelton Drive and the setbacks be 40 feet east and west and 25 feet to the north. Donna Walker 804 Shelton Drive spoke in opposition to this item with concerns for appearance, and traffic and stated she desires the house face Shelton Drive. Shirley Minter, 4924 Red Oak Lane, River Oaks, wished to note her support but did not wish to speak. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:03 p.m. Mayor Newton recapped the concerns of the neighbors and stated the Council is driven by the comprehensive plan and our vision for the City. We are very careful in areas of the City where there are still large lots and low density to try not to impede. There was general discussion on what size and type home could be built and what the setbacks would have to be. Councilmember Taylor made a motion to approve Resolution R-17-4202, stating a 40’ setback for the west, south and east; a 15’ setback on the north, the house must face Shelton Drive, and correcting Exhibit A as attached to the Resolution. 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 8.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no speakers. 9.REPORTS Monthly Financial Report - October 2017 All Funds Cash & Investments Report (Phase II - Restrictions) Quarterly Investment Report for the quarter ended September 30, 2017 Quarterly Performance Management Report Chief Financial Officer Shereen Gendy presented the monthly financial report and All Funds Cash & Investments Report (Phase II - Restrictions) and answered questions of the City Council. City of Colleyville Page 10 City Council Minutes - DRAFT November 21, 2017 Assistant City Manager Adrienne Lothery reviewed the Quarterly Performance Management Report and answered questions of the City Council. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 21, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4204 This resolution was not needed. 11.ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:46 p.m. APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE 5TH DAY OF DECEMBER 2017. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 12/05/2017 Number Ordinance O-17-2034 Type Ordinance Department Finance Title An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority, and adding clarifying language related to fire hydrant meters Strategic Plan 2.1 Provide responsive, efficient city services Explanation Second Reading and Public Hearing There were no speakers at the November 21, 2017 City Council meeting regarding this item. Upon further discussion with Mayor Newton after the first public hearing, language was added to the ordinance to clarify the security deposit required for fire hydrants and to increase the required deposit from $750 to $1,150 to reflect the cost of replacing meters when not returned. The new deposit fee will be effective with the approval of the amended ordinance. The following phrase is added under section A: "The required deposit for a city provided fire hydrant shall be $1,150. The deposit will be refunded, or in the event a balance is due, applied against the final bill upon the return of the fire hydrant meter. The city will not pay interest on meter deposit refunds." Also, the following phrase under Section A has been removed: "The City of Colleyville, Tarrant County, and Texas Department of Transportation (TxDOT) shall be exempt from the provisions of this policy." First Reading and Public Hearing On November 15, 2016, the City Council approved Ordinance O-16-1996, implementing the recommendations of the Water and Wastewater Rate Advisory Committee. This ordinance established a new rate structure in which City operating City Council Agenda Briefing 5a City of Colleyville Page 2 costs are recovered through base rates and volumetric rates are set to pass through the costs charged by the Trinity River Authority (TRA). The base and volumetric rates are reviewed and updated on an annual basis. The new base rates are reflected in the bills sent out in October to coincide with the city's fiscal year while the new volumetric rates are reflected in the bills sent out in January to coincide with TRA's rate change. This agenda item provides for formal consideration and approval to amend Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, to reflect the proposed new pass through rates to be in effect starting January billing for December's usage as follows: Water Rates Staff recommends consideration of lowering the current water volumetric rate from $4.17 to $3.86 Wastewater Rates Staff recommends consideration of raising the current wastewater volumetric rate from $2.31 to $2.81 Financial Impact Adoption of this ordinance will provide the revenue to recover the costs from TRA. Recommendation Approve Attachments 1.Extracts from council worksession 8.8.17 - Proposed Budget Presentation 2.Ordinance O-17-2034 Fiscal Year 2018 Proposed Budget City Council Worksession August 8, 2017 Water & Wastewater Base Rates Base rates: fixed monthly charges that are calculated based on the amount of revenue necessary to recover the City’s operating costs Base rates are driven by: •The Utility Fund’s budget (excluding projected payments to TRA) •The number of customers Opportunity: Consider maintaining the current base rates (in total) and use the difference to establish the CIP funding component in the rate structure Meter Size Current rate Calculated rate Difference 1" Meter $14.01 $13.76 $0.25 1.5" Meter $28.01 $27.52 $0.49 2" Meter $44.82 $44.04 $0.78 3" Meter $84.04 $82.57 $1.47 4" Meter $140.06 $137.61 $2.45 Projected FY18 Revenues $1,804,923 $1,781,855 $23,067 Water Monthly Base Rates for in-city customers Customer Type Current rate Calculated rate Difference Residential $12.54 $11.22 $1.32 Non-residential*$18.54 $17.22 $1.32 Projected FY18 Revenues $1,447,373 $1,299,007 $148,366 * Continues $6 differential between residential and non-residential customer rate, consistent with current Ordinance Wastewater Monthly Base Rates for in-city customers Volumetric Rates •Volumetric rates are pass through charges for the water and wastewater treatment services provided by TRA (i.e.the City calculates rates to only bring in what is anticipated to be paid out to TRA) •The volumetric rate is driven by: 1.TRA’s operating budget (including purchase of raw water from TRWD) 2.TRA’s debt service requirements 3.Usage -the number of Colleyville’s water and wastewater gallons treated by TRA Preliminary Water Volumetric Rates Volumetric water rate per thousand gallons for in-city customers: New volumetric water rate calculation:Rate per 1,000 Gallons TRWD Raw water costs $1.262 Colleyville’s portion of TRA’s Operating Budget $0.889 Add:20% of O&M rate (Billed by TRA to ensure liquidity)$0.430 Subtotal O&M Rate $2.581 Colleyville’s portion of TRA’s Debt Budget $1.208 Add: 5% of Debt service (Based on the City’s historical experience)$0.060 Subtotal Debt Rate $1.269 TOTAL PROJECTED VOLUMETRIC WATER RATE $3.859 Current Rate Preliminary New Rate Difference $4.17 $3.86 $0.31 Preliminary Wastewater Volumetric Rates Volumetric wastewater rate per thousand gallons for in-city customers: New volumetric wastewater rate calculation:Rate per 1,000 Gallons Colleyville’s portion of TRA’s Operating Budget $0.972 Add:2% of O&M rate (Based on the City’s historical experience)$0.020 Subtotal O&M Rate $0.992 Colleyville’s portion of TRA’s Debt Budget $1.727 Add: 5% of Debt service rate (Based on the City’s historical experience)$0.086 Subtotal Debt Rate $1.813 TOTAL PROJECTED VOLUMETRIC WASTEWATER RATE $2.805 Current Rate Preliminary New Rate Difference $2.31 $2.81 $0.50 Note: Residential properties are charged based on the winter average ORDINANCE O-17-2034 AMENDING SECTION 3 – SERVICE CHARGES OF THE WATER AND SEWER POLICY AND PROCEDURE MANUAL OF THE CITY OF COLLEYVILLE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,water and wastewater base rates are set to recover the City’s annual operating costs for the utility system; and WHEREAS,water and wastewater volumetric rates are set to pass through costs the City incurs from the Trinity River authority for treated water and wastewater treatment; and WHEREAS,the City Council desires to adjust water and wastewater volumetric rates based on updated costs from the Trinity River Authority. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 3 – Service Charges of the Water and Sewer Policy and Procedure Manual of Colleyville, Texas, which is “Appendix A” of the Colleyville Code be replaced in its entirety to read as follows: SECTION 3. – Services Charges Sec. A. - Water rates. The following base and volumetric charges shall apply to residential and non- residential water customers. Base charges for out-of-city customers shall be $4.00 higher than the charge for in-city customers. Base charge per month for in-city customers: Water meters 1 inch or less $13.76 Water meters of 1.5 inches $27.52 Water meters of 2 inches $44.04 Water meters of 3 inches $82.57 Ordinance O-17-2034 Page 2 of 6 Water meters of 4 inches $137.61 Base charge per month for out-of-city customers: Water meters 1 inch or less $17.76 Water meters of 1.5 inches $31.52 Water meters of 2 inches $48.04 Water meters of 3 inches $86.57 Water meters of 4 inches $141.61 Volumetric charge per 1,000 gallons $3.86 Rates for fire hydrant meters: The use of fire hydrant meters shall only be allowed within the Colleyville city limits. The use of the fire hydrant meters shall be limited to a period of no more than 90 cumulative calendar days. Under special conditions, a customer may submit a written request to the public works department for use of a fire hydrant meter for a period longer than 90 cumulative calendar days, subject to public works director approval. In considering special condition(s), the public works director shall not consider requests which are necessary to relieve a self-created or personal hardship, failure of performance by a contractor, nor for financial reasons. In considering the customer request, the public works director shall solicit the recommendation of the fire chief and fire marshal in consideration of the request. Further, the public works director shall consider alternative means available to the customer. If special condition(s) are approved by the public works director, in no case shall the meter be used for more than an additional 30 calendar days. The public works director may provide a written ruling within 15 working days of receipt of the customer's written request. In the event a request for special condition(s) is denied by the public works director, customer shall, within 14 calendar days, make written appeal to the city manager of the public works director's decision. The city manager shall Ordinance O-17-2034 Page 3 of 6 render a written decision within 30 working days of receipt of the customer's appeal. Such decision by the city manager shall be final and not appealable to the city council. For purposes of this section, written communication shall be considered communication, which is deposited with the United States Postal Service for delivery. The user must submit in writing, the location of where the meter will be used and such meter shall be used exclusively at the location on record with the city. For purposes of this section, the use of a meter shall be allowed cumulatively for only one location within an individual subdivision and/or development. For a period of 90 cumulative calendar days after a meter is returned and read by the city, a user shall not be permitted to check out another meter for use at the same designated location, as defined herein. The required deposit for a city provided fire hydrant shall be $1,150. The deposit will be refunded, or in the event a balance is due, applied against the final bill upon the return of the fire hydrant meter. The city will not pay interest on meter deposit refunds. The monthly base charge for a fire hydrant meter shall be $50.00. Water usage for a fire hydrant meter shall be charged the in-city Volumetric Rate per 1,000 gallons of water used. The customer shall be in possession of and responsible for the meter. The customer will be responsible for bringing the meter to the public works service center by the 20th of each month for reading. The customer is required to use a proper fire hydrant wrench for operation of the fire hydrant. The customer shall be responsible for any damage and repair, as reasonably determined by the city, to the fire hydrant or the fire hydrant meter by the use of a temporary water meter. The customer will be required to provide for any backflow device necessary to meet the current city ordinance for protection of the city's drinking water supply. Sec. B. - Sewer rates. This schedule of rates per month or fraction thereof shall be the basis for determining charges to all customers for rendering sanitary sewage service, where the sewage produced by such customer is a normal strength wastewater (170 mg/l BOD and 260 mg/l suspended solids) and where such customer is located within the City of Colleyville. The base charge for non- Ordinance O-17-2034 Page 4 of 6 residential customers shall be $6.00 higher than the charge for residential customers. A base charge per month shall be charged as follows: Residential customers $11.22 Non-residential customers $17.22 A monthly sewer volume charge shall also be charged to all customers as set forth hereinafter. The sewer volume charge for residential customers will be based upon the individual customer's average monthly water use during the months of December, January and February. Where no preceding winter quarter average is available from records, a volume of 9,000 gallons shall be used for this volume charge. The monthly sewer volume charges to commercial and industrial class customers will be based on total water use each month as measured by appropriate meters, with the provision that if a customer can show to the satisfaction of the public works director that a significant portion of the metered water usage does not enter the sanitary sewers, the customer will be charged for only that volume entering the sewers, as determined by a method approved by the director of public works. Volumetric rate per 1,000 gallons:$2.81 Sec. C. – Capital Projects rates. The following base charges shall apply to residential and non-residential customers to provide funding for utility capital projects necessary to maintain the utility system: Base charge per month for in-city and out-of-city customers: Water meters 1 inch or less $1.57 Water meters of 1.5 inches $1.81 Ordinance O-17-2034 Page 5 of 6 Water meters of 2 inches $2.10 Water meters of 3 inches $2.79 Water meters of 4 inches $3.77 Sec. D. – Billing; delinquent penalty. All charges for services furnished or rendered by the City of Colleyville Utility Department are due and payable on the date bill is received. If payment is not received within sixteen days of the billing date a (10%) penalty will be imposed on the delinquent balance of the current bill for failure to pay by the due date of the bill. In the event a Fire hydrant meter is not delivered to the city for reading, a penalty fee would be imposed as follows: $100.00 1st missed reading $200.00 2nd missed reading $300.00 3rd missed reading After the third missed reading, the security deposit will be forfeited and the City of Colleyville will revoke the use of the fire hydrant meter. Sec. E. – Discontinuance of service, notice; reconnection fee. 1.In the event that any month's charges remain delinquent and unpaid at the time of a subsequent billing's due date, the user or customer shall receive a cut-off notice which will be mailed no later than two working days after the subsequent billing's due date. Services will be disconnected if any arrearages over 30 days are not paid within six working days of the cut-off notice. Where service has been discontinued for failure to pay for service rendered, a charge of $25.00 shall be made for each meter disconnected before said service shall be restored. In the event the customer requests reconnection at hours other than 8:00 a.m. to 4:30 p.m., said reconnect fee shall be increased to $75.00. Sec. 2.THAT this ordinance will become effective immediately upon passage. Ordinance O-17-2034 Page 6 of 6 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 21st day of November 2017. The second reading and public hearing being conducted on the 5th day of December 2017. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 5TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt L. Wyatt City Attorney City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 12/05/2017 Number Resolution R-17-4207 Type Resolution Department City Manager Title A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors Strategic Plan 1.1 Actively involve and engage stakeholders 1.4 Communicate thoroughly and strategically Explanation Reading and Public Hearing The City was notified the Tarrant Appraisal District (TAD) was seeking nominations for candidates to serve on the Board of Directors as the terms of service for the five members of the current Board of Directors will expire on December 31, 2017. On October 17, 2017, by attached Resolution R-17-4195, the City Council nominated June Shrewsbury as a candidate to the TAD board of directors. On November 16, 2017, Mayor Newton, via mailed correspondence, introduced Ms. Shrewsbury to each voting unit and asked for their consideration of casting their votes for her election. Per the attached TAD correspondence dated October 27, 2017, the City of Colleyville may cast 21 votes individually or collectively for the following: Mr. Troy Alley (withdrew) Mr. Marcario Belmontes Mr. Daniel J. Bennett Mr. Johnny Bennett (withdrew) Mr. Mike Leyman Mr. John Molyneaux (incumbent) Mr. Mike O'Donnell (incumbent) Mr. Joe Potthoff (incumbent) Ms. June Shrewsbury Mr. Mark Wood (incumbent) The attached resolution allows for the City of Colleyville to cast all 21 votes for June Shrewsbury. City Council Agenda Briefing 6a City of Colleyville Page 2 Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Resolution R-17-4195 2.TAD correspondence and official ballot dated October 17, 2017 3.Resolution R-17-4207 RESOLUTION R-17-4207 A RESOLUTION CASTING A VOTE FOR ELECTING MEMBERS TO THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS WHEREAS, the City of Colleyville contracts with the Tarrant Appraisal District (TAD) for setting property valuations; and WHEREAS, the City of Colleyville is entitled to cast 21 ballots, collectively or separately for nominees for the Tarrant Appraisal District (TAD) Board of Directors; and WHEREAS,the terms of the elected TAD Board of Directors will begin January 1, 2018. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the City of Colleyville casts all 21 votes for June Shrewsbury to be elected to the Tarrant Appraisal District Board of Directors. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE 5TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6b Agenda Date 12/05/2017 Number Resolution R-17-4208 Type Resolution Department City Secretary Title A resolution establishing a Colleyville Community Garden Advisory Committee and appointing members Strategic Plan 1.1 Actively involve and engage stakeholders 1.4 Communicate thoroughly and strategically Explanation Reading and Public Hearing Over the last seven months, representatives of the Colleyville Community Garden (CCG) a 501(c)3 non-profit organization, have met with the City Council to discuss a community garden in the City. The CCG provided presentations at the June 20, August 15, and October 17, 2017 Worksessions. The October 17, 2017 presentation is attached for reference. The proposed resolution will establish a Colleyville Community Garden Advisory Committee which will interact with the CCG and provide recommendations to the City Council regarding the use, fee structure, and evaluation of a community garden. Approval of this resolution will allow the CCG to begin accepting donations for the supplies needed to move forward with establishing a community garden at the City’s McPherson Park, while allowing the advisory committee to develop fee schedules, bylaws, and recommendations for the City Council. Financial Impact The first year fiscal impact is estimated to be $4,500 - $6,500 to install water lines and pay for water, and $1,500 annually to pay for water and administrative expenses. Recommendation Approve Attachments 1.Colleyville Community Garden Presentation - October 17, 2017 2.Resolution R-17-4208 CCG Mission The Colleyville Community Garden will be a place for education, inspiration,relaxation,and conversation. Our goal is to provide a EXCEPTIONAL place for members of our community to grow organic foods successfully because of the gardening environment we will create.The garden will be a community builder. We will provide opportunities for individuals and groups to learn about gardening,volunteer their time while getting to know others in our community. Someone who: -does not have the space for a garden -travels and can’t keep up on watering -doesn’t want to mess up their beautiful grass. -is a fireman and works nearby. -is elderly or handicapped and needs raised beds. -wants to produce healthy food to donate to those in need -wants to learn from others. -wants to show off their gardening skills -wants to help teach others -wants to garden in a community environment with friends all around who share the passion Who would want to rent a plot? ✤ ✤ ✤ ✤ ✤ Whole Foods Marshall Grain Alta Vista Nursery Ace Hardware Alpine Materials Community partners that are already interested inhelpingwiththegarden: McPherson Park is an ideal location! Watering the Garden ◆City to pay for water and treat the community garden like a park ◆Spicket with hose at end of each row for plot renters ◆Use existing cistern at McPherson Park for rainwater collection Garden Plans This is our materials list as determined by Head Master Gardener, Steve Chaney. For Big Dig Day •Stones –2810 (if using Windsor Stone beds) •or Cedar Boards —3168 linear ft and 660 linear feet of 4 x4 cedar posts. •Soil –132 cubic yards (Prefer Organic Dairy Mix) •Mulch for rows within the fence –593 cubic yards •Cattle Panels –20 minimum •Benches –4 minimum •Arbors –1 big and 2 small •Fence –360 linear feet •Crushed Granite Later •7 Fruit Trees -(Would like at least one fig and one apple) •33 short hoses for watering individual plots. •Gardening Tools CCG Materials List Suggested Fencing Garden Costs ✤Per Dotty Woodson: •$1,500-$4,000 to get started •$400/year for expenses ✤We will have a better idea of needed funding when we see how much material will be donated. We will charge plot renters $40/plot/year x 33 plots =$1,320 per year for maintenance expenses including organic fertilizer,organic weed control products,etc. ✤ ✤Our membership will vote on the adopt a plot fee amount. ✤North Richland Hills started at $25/plot and now they charge $40 ✤$40/year for Colleyville residents $50 for non residents Colleyville residents will be given priority Adopt a Plot renters will vote each year on adopt a plot rental amount. ✤ ✤ ✤ ◆Some plots will be raised to accommodate the elderly Garden Plots Members will be able to rent one of 33 plots for a nominal annual fee. A group can go in together on a single plot with friends and family to share the experience with a minimal obligation. Here the gardener can grow whatever they choose in an organic environment. Garden Details ✤Growing Grapes Raised Gardens Composting Worm Composting Compost Gardening Wine Making Gardening With Children Wildflower Gardening ✤ ✤ ✤ ✤ ✤ ✤ ✤ Garden Classes We May Offer ✤Butterfly Gardens Container Gardening Keyhole Gardening Canning Dehydrating Raising Chickens Bee Keeping Flower Arranging ✤ ✤ ✤ ✤ ✤ ✤ ✤ -The Dirt Doctor,Howard Garrett is interested in helping. -The Tarrant County Master Gardeners -Whole Foods -Texas A and M to consider a tree giveaway We plan to invite: -Members of each non profit organization in Colleyville. -HOA presidents and homeowners with extra focus on neighborhoods with zero lot lines. -School to put the word out to students who may need community service hours. -Local boy scout and girl scout troops. -Local churches. Big Dig Date Support Future Plans ◆Expand to more garden plots as the need arises ◆Greenhouse ◆Demonstration gardens on conservation ◆Butterfly Garden ◆Beehive The Colleyville Community Garden is an all volunteer, non profit community organization -CCG is incorporated as a non profit entity. -We have a non profit EIN. -We are applying for a 401c3 so that we can accept donations from our community -We will work within the confines of the city,but as a non-profit organization;wewill be able to sustain ourselves financially through the generosity of communitysupport. (Typically, Community Garden Projects are initiated by city council members. The biggest obstacle is finding citizens who want to take on management and organization. We are fortunate to have a strong citizen leadership team in place.) Our executive board consists of an amazing group of community organizers with a great deal of experience,energy and creativity. President:Natalie Genco Vice President-Fundraising/Volunteers:Nancy Cook Vice President-Garden Coordinator:Pam Buie Treasurer:Christina Stojakovich Parliamentarian:Mary Ramatowski Thank you to our Advisors ◆Diane Spradling,founder of the N.Richland Hills Community Garden ◆Steve Chaney,Tarrant County Master Gardeners ◆Harold Annis,Tarrant County Master Gardener and has established multiple school gardens in GCISD ◆Dotty Woodson,Texas Agrilife Specialist.Dotty has helped established hundreds of community gardens throughout Texas. ◆Howard Garrett,The Dirt Doctor ◆Heather Dowell,City of Colleyville Parks Manager.(Heather established the Community Garden for the City of Arlington at UT Arlington and has a wealth of knowledge.) Thank you for your support of this worthy project that will bring great good to our city! RESOLUTION R-17-4208 A RESOLUTION ESTABLISHING A COLLEYVILLE COMMUNITY GARDEN ADVISORY COMMITTEE, APPOINTING MEMBERS, AND ASSIGNING COMMITTEE RESPONSIBILITIES WHEREAS,the City Council desires to offer the citizens of Colleyville interactive community experiences; and WHEREAS,the City Council desires to promote the development and operation of a community garden to be located in the City of Colleyville at McPherson Park; and WHEREAS,the City Council seeks to involve citizens in the development of a community garden by creating a citizen advisory committee to liaison with the Colleyville Community Garden, a 501(c)3 organization (“CCG”), to enhance and promote coordination between the two entities in the creation and development of the community garden; and WHEREAS,the City Council desires to establish the Colleyville Community Garden Advisory Committee with the passage of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a new citizens advisory committee entitled the “Colleyville Community Garden Advisory Committee” (“Committee”), which may consist of up to nine (9) members, is hereby established. Sec. 2.THAT the following citizens are hereby appointed to the initial Colleyville Community Garden Advisory Committee: Natalie Genco Nancy Cook Pam Buie Christina Stojakovich Mary Ramatowski Sec. 3.THAT additional members may be appointed by the City Council from time to time. Sec. 4.The purpose of the Committee will be to act as liaison between the City Council and the CCG regarding the establishment and administration of a community garden to be located at Resolution R-17-4208 Page 2 of 3 McPherson Park. The initial responsibilities of the Committee may include: a.Recommending the structure of the City of Colleyville’s financial and administrative participation in the community garden. b.Evaluating and bringing forth the recommended needs of the CCG, to include development of a fee structure for the CCG’s administration of the community garden. c.Establishing evaluation criteria for the design, maintenance, and success of a community garden. d.Administering the building, funding, and general operation of the community garden. e.Periodically reporting, generally quarterly, to the City Council recommendations of the Committee. Sec. 5.The Committee may establish its own rules of procedure until or unless, standard bylaws, approved by the City Council, are adopted, subject to the following: a.A quorum of the initial five (5) member Committee shall be three (3) members. b.The City Council shall appoint a chair who shall be a voting member of the Committee. c.All actions of the Committee must be approved by a majority of the membership of the Committee. d.The chair shall preside over all meetings. e.The Committee shall elect from its membership a vice-chair, who shall preside over meetings of the Committee in the absence of the chair, and a secretary, who shall be responsible for maintaining the minutes of the meetings, and provide same to the City of Colleyville City Secretary f.The Committee may appoint from its membership such subcommittees as it deems necessary. Resolution R-17-4208 Page 3 of 3 Sec. 6.The City Manager is hereby authorized to provide such City resources as may be reasonable and necessary to support the operations of the Committee. Sec. 7.The Committee shall exist perpetually unless such term is amended or abolished by the City Council; provided that, the members of the Committee shall serve two (2) year terms and shall be appointed by resolution in accordance with the City of Colleyville Charter. Sec. 8.THAT this resolution shall take effect immediately upon passage. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE 5TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6c Agenda Date 12/05/2017 Number Resolution R-17-4209 Type Resolution Department City Secretary Title A resolution appointing City Councilmembers to the Audit Committee Strategic Plan 1.1 Actively involve and engage stakeholders 1.4 Communicate thoroughly and strategically Explanation Reading and Public Hearing On November 1, 2016, City Council approved attached Resolution R-16-4056, to provide for the Audit Committee to be composed of three current City Councilmembers and one citizen, to be appointed in September to serve a one year term. Councilmembers Tammy Nakamura and Nancy Coplen have asked to be removed from the Audit Committee. Resolution R-17-4209 allows for the appointment of two City Council member appointments to serve to September 2018. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Resolution R-16-4056 2.Resolution R-17-4209 RESOLUTION R-16-4056 AMENDING RESOLUTION R-03-2185 ESTABLISHING MEMBERSHIP AND TERMS FOR THE AUDIT COMMITTEE WHEREAS, the City Council is ultimately responsible for the stewardship of the City's funds and an annual audit is required by the Charter; and WHEREAS, the City Council established an Audit Committee by Resolution R-03-2174 which provided for the responsibilities and terms of the committee, and amended the terms by Resolution R-03- 2185; and WHEREAS, the City Council desires to amend the membership and terms of the Audit Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Audit Committee will be composed of three (3) serving City Councilmembers and one (1) citizen. Sec.2. THAT the Audit Committee members shall be appointed in September to serve a one (1) year term. Sec. 3. THAT the City Council hereby appoints the following citizen to the Audit Committee: Susan Mathisen Sec. 4. THAT Councilmember Bobby Lindamood is appointed to the Audit Committee, replacing Mayor Pro Tem Chris Putnam, and the Committee terms of Councilmembers Bobby Lindamood, Nancy Coplen, and Tammy Nakamura are to September 2017. AND IT IS SO ORDERED. PASSED BY A VOTE OF AYES, O NAYS AND C7 ABSTENTIONS ON THIS THE 1ST DAY OF NOVEMBER 2016. Mayor Richard Newton .G Mayor Pro Tem Chris Putnam -c- Place 1, Tammy Nakamura fk,c, Place 5, Nancy Coplen iC6c-l- Place 2, Bobby Lindamood 1, Place 6, Mike Taylor .e, Place 4, Jody Short Il Srtn h AT'FEST: Amy S Iley, MC City Secretary CITY OF Resolution R-16-4056 Page 2 of 2 COLLEYVILLE: Richard Newton Mayor RESOLUTION R-17-4209 APPOINTING CITY COUNCILMEMBERS TO THE AUDIT COMMITTEE WHEREAS, the City Council is ultimately responsible for the stewardship of the City’s funds and an annual audit is required by the Charter; and WHEREAS,two councilmembers have asked to be removed from the Audit Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby appoints the following Councilmembers to the Audit Committee: Councilmember George Dodson Councilmember Kathy Wheat Sec. 2.THAT the current Audit Committee terms of Mayor Pro Tem Bobby Lindamood, Councilmembers George Dodson and Kathy Wheat, and citizen Susan Mathisen are to September 2018. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE 5TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6d Agenda Date 12/05/2017 Number Resolution R-17-4210 Type Resolution Department City Secretary Title Approval of a resolution to replace Resolution R-16-4023 adopting the City Council Rules of Procedure Strategic Plan 1.1 Actively involve and engage stakeholders 1.4 Communicate thoroughly and strategically Explanation Reading and Public Hearing At the November 21, 2017 City Council Worksession, City Council adopted the report from the Visioning Workshop conducted September 15, 2017. City Council Objective 6.3: Within 60 days of being seated, a new City Councilmember(s), is/are required to attend a City Council orientation, training, and participate in a visioning worksession has been incorporated as Section 1.2 as highlighted in the attached Rules of Procedure Excerpt - Page 4. Approval of Resolution R-17-4210 adopts the amendment to Section 1.2 of the City Council Rules of Procedure and will be effective upon approval, and will replace Resolution R-17-4162. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.City Council Rules of Procedure Excerpt - Page 4 - Proposed 2.Resolution R-17-4210 Rules of Procedure Excerpt - Page 4 SECTION I.AUTHORITY 1.1 Charter. Section 3.09B of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business..." Further, Section 2.01 of the Charter provides that the City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter, may be granted to a Home Rule City by the Constitution and State law, together with all implied powers necessary to carry into execution all such powers granted.” In order to provide the framework for the execution of these powers and authority, the following set of rules shall be in effect upon their adoption by the City Council, and until such times as they are amended or new rules adopted in the manner provided for by these rules. 1.2 New City Councilmember Orientation/Training: Within 60 days of being seated, a new City Councilmember(s), is/are required to attend a City Council orientation, training, and participate in a visioning worksession. 1.3 Annual Review. Following the municipal elections each year, City Council may review these rules in accordance with the Charter. In the event no annual review occurs, the standing rules will continue in effect. This does not limit the City Council’s right and ability to amend these rules at any other time during the year, in accordance with the Charter. 1.4 Amendments. These rules may be amended or new rules adopted by a majority vote of the members of the City Council present. SECTION II.GENERAL RULES 2.1 Meetings to be Public. All meetings of the City Council shall be open to the public, with the exception of Executive Session. 2.2 City Council. For purposes of these rules, the collective membership of the Mayor and City Councilmembers shall be known as the City Council. Individually, each shall be referred to as Mayor, Mayor Pro Tem, or Councilmember. 2.3 Quorum. Four (4) voting members of the City Council shall constitute a quorum. RESOLUTION R-17-4210 A RESOLUTION REPLACING RESOLUTION R-17-4162 ADOPTING RULES OF PROCEDURE AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Charter of the City of Colleyville authorizes the City Council to determine its own rules and order of business; and WHEREAS, the City Council has been elected by the Public to represent all the citizens on their behalf; and WHEREAS, orderly City Council meetings providing reasonable City Council and citizen input; foster good government and honor the democratic process; and WHEREAS, unlimited discussion and input can project a perspective inconsistent with the majority will and beyond the right of the minority regarding matters of public policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and incorporated herein by reference as if copied in their entirety. Sec. 2. THAT by the passage of this Resolution, Resolution R-17-4162, is hereby replaced in its entirety and as provided for herein. Sec. 3. THAT Section 2.01 of the Charter of the City of Colleyville provides for the powers of the City and City Council and Section 3.09B of such Charter provides that “the City Council shall determine its own rules and order of business”. Sec. 4 THAT in order to provide the framework for the execution of these powers and authority, the Rules of Procedure set forth in the attached Exhibit “A” are hereby adopted and shall be in effect upon their approval by the City Council, and until such time as they are amended, or new rules adopted in the manner provided for by these rules. AND IT IS SO RESOLVED. Resolution R-17-4210 Page 2 of 2 APPROVED BY A VOTE OF AYES, NAYS, AND ABSTENTIONS ON THIS THE 5TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor CITY COUNCIL RULES OF PROCEDURE EXHIBIT "A" CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 2 TABLE OF CONTENTS Section I – AUTHORITY 1.1 Charter…………………….……………………………………………………………………………………………4 1.2 Annual Review.……….……………………………………………………………………………………………4 1.3 Amendments…….…….……………………………………………………………………………………………4 Section II – GENERAL RULES 2.1 Meetings to be Public……………………………………………………………………………………………4 2.2 City Council…………………………………………………………………………………………………………..4 2.3 Quorum…………………………………………………………………………………………………………….....4 2.4 Minutes of Meetings……………………………………………………………………………………………..4 2.5 Questions to Contain One Subject……………………………………………………………………….5 2.6 City Manager ……………………………………………………………………………………………………….5 2.7 City Attorney…………………………………………………………………………………………………………5 2.8 City Secretary……………………………………………………………………………………………………….5 2.9 Employees…………………………………………………………………………………………………………….5 2.10 Suspension of Rules….……………………………………………………………………………………….5 2.11 Executive Session……………………………………………………………………………………………….6 Section III – TYPES OF MEETINGS 3.1 Regular Meetings………………………………………………………………………………………………….6 3.2 Special Meetings…………………………………………………………………………………………………..6 3.3 Recessed Meetings……………………………………………………………………………………………….6 3.4 Worksession Meetings………………………………………………………………………………….....6-7 Section IV – CONDUCT OF MEETINGS 4.1 Presiding Officer……………………………………………………………………………………………………7 4.2 Call to Order………………………………………………………………………………………………………….7 4.3 Preservation of Order…………………………………………………………………………………………..7 4.4 Points of Order…………………………………………………………………………………………………....7 4.5 Questions to be Stated…………………………………………………………………………………….....7 4.6 Substitution for Mayor………………………………………………………………………………………….7 4.7 Amendment to the Minutes………………………………………………………………………………….8 4.8 Written Correspondence……………………………………………………………………………………….8 CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 3 Section V - AGENDA 5.1 Preparation of Agenda…………………………………………………………………………………….8-10 5.2 Consent Agenda………………………………………………………………………………………………….10 5.3 Citizen Participation at Meetings…………………………………………………………………..10-11 Section VI – DECORUM AND DEBATE 6.1 Decorum and Debate……………………………………………………………………………………11-13 Section VII – PROCEDURES FOR CITY COUNCIL APPOINTMENTS 7.1 Procedures for City Council Appointments……………………………………………………13-14 Section VIII - MEMORIALS 8.1 Memorials………………………………………………………………………………………………………14-15 8.2 Recognition by lowering of the United States Flag ………………………………………….15 8.3 Use of City equipment and personnel ………………………………………………………………15 HISTORY OF ADOPTION AND AMENDMENTS……………………………………………….…16 CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 4 SECTION I. AUTHORITY 1.1 Charter. Section 3.09B of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business..." Further, Section 2.01 of the Charter provides that the City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter, may be granted to a Home Rule City by the Constitution and State law, together with all implied powers necessary to carry into execution all such powers granted.” In order to provide the framework for the execution of these powers and authority, the following set of rules shall be in effect upon their adoption by the City Council, and until such times as they are amended or new rules adopted in the manner provided for by these rules. 1.2 New City Councilmember Orientation/Training: Within 60 days of being seated, a new City Councilmember(s), is/are required to attend a City Council orientation, training, and participate in a visioning worksession. 1.3 Annual Review. Following the municipal elections each year, City Council may review these rules in accordance with the Charter. In the event no annual review occurs, the standing rules will continue in effect. This does not limit the City Council’s right and ability to amend these rules at any other time during the year, in accordance with the Charter. 1.4 Amendments. These rules may be amended or new rules adopted by a majority vote of the members of the City Council present. SECTION II. GENERAL RULES 2.1 Meetings to be Public. All meetings of the City Council shall be open to the public, with the exception of Executive Session. 2.2 City Council. For purposes of these rules, the collective membership of the Mayor and City Councilmembers shall be known as the City Council. Individually, each shall be referred to as Mayor, Mayor Pro Tem, or Councilmember. 2.3 Quorum. Four (4) voting members of the City Council shall constitute a quorum. CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 5 2.4 Minutes of Meetings. An account of all proceedings of the City Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the City Council. The Official City Council Minutes are action minutes and provide the action taken by the City Council and a summary of subjects discussed. 2.5 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any Councilmember may require a division, if the question reasonably admits of a division. Division shall be required only on the affirmative vote of three (3) Councilmembers. If no division is so requested and approved, or the questions do not reasonably admit of a division, the question shall be submitted as originally framed. 2.6 City Manager. The City Manager shall attend all City Council meetings unless expressly excused. The City Manager may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. 2.7 City Attorney. The City Attorney shall attend all regular meetings of the City Council unless expressly excused and, shall upon request give an opinion, either written or oral, on questions of law during the meeting. The City Attorney shall act as the City Council's Parliamentarian. The City Attorney shall give an opinion, either written or oral, on questions of law to the City Manager or designated representative, during the course of daily affairs of the City. The City Attorney may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. The City Attorney shall confer and discuss with a Councilmember or the Mayor regarding a question of law pertaining to the affairs of the City. In such event, the City Attorney shall advise the City Manager of the question posed and information provided. The City Manager shall forward the information to the full City Council as soon as reasonably practical. 2.8 City Secretary. The City Secretary shall attend all meetings of the City Council unless expressly excused, and shall keep the official minutes and perform such other duties as may be requested by the City Council. 2.9 Employees. Any employee of the City, when requested by the City Manager, shall attend any meeting of the City Council and, if requested to do so by the City Manager, such employee may present information relating to matters before the City Council. The City Manager will determine the staff CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 6 spokesperson for providing information, for a particular agenda item, at the City Council meeting. 2.10 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all Councilmembers present and eligible to vote. 2.11 Executive Session. All matters discussed in Executive Session, as authorized by the Texas Open Meetings Act, may be deemed confidential and by law, participants authorized to attend Executive Sessions are not required to make public disclosure concerning the matters discussed in Executive Session. It shall be the policy of the City Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City Secretary and others who are authorized to attend Executive Sessions shall not make selective disclosure of confidential matters, where the disclosure of the information has not been released to the general public and/or where such disclosure provides an unfair advantage to the recipient or would be detrimental to the City and its citizens. For the opening and closing of an Executive Session, the Mayor shall do such at the location as noted on the official agenda notice posted in compliance with the Texas Open Meetings Act, and all of this information must be included in the certified agenda. (Tex. Gov’t Code §551.103) For purposes of regular agenda meeting postings, the opening and closing of an Executive Session shall be done in the Executive Conference Room of City Hall. SECTION III. TYPES OF MEETINGS 3.1 Regular Meetings. The City Council shall meet in the City Hall on the first and third Tuesday of each month at 7:30 p.m. unless otherwise officially established by the City Council. The City Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof, shall be in accordance with State law. 3.2 Special Meetings. Special meetings may be held on the call of the Mayor or four (4) members of the City Council at the place within the City of Colleyville designated in the public notice. In accordance with State law, the notice to the public of an emergency meeting must be posted at least two hours before the meeting is scheduled to begin. An emergency meeting exists only if immediate action is required of a governmental body because of an "imminent threat to public health and safety" or a "reasonably unforeseeable situation". CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 7 3.3 Recessed Meetings. Any meeting of the City Council may be recessed to a later time provided that no recess shall be for a longer period than until the next regularly scheduled City Council meeting. 3.4 Worksession Meetings. Worksession meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager for the purpose of discussing in depth, investigating or exploring matters of interest to the City, without formal action being taken thereon by the City Council. The time, place, and purpose of such worksession meeting shall be stated in a notice complying with the Texas Open Meetings Act. Such worksession meetings may be held in any appropriate location outside the City Hall upon concurrence by any three (3) Councilmembers or as determined by the City Manager. Such worksession meetings may include, but shall not be limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the City's appointed boards, commissions or committees, meeting with civic organizations or a meeting for Councilmembers to research, evaluate, explore, investigate or discuss any matter of interest or possible action affecting the City, subject to compliance with the provisions of the Texas Open Meetings Act. No official action shall be taken at any worksession meeting, unless a regular or special meeting is called as provided for in these Rules. SECTION IV. CONDUCT OF MEETINGS 4.1 Presiding Officer. The Mayor, if present, shall preside at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both Mayor and Mayor Pro Tem, the City Council shall elect a Councilmember to preside. 4.2 Call to Order. The meetings of the City Council shall be called to order by the Mayor, or in the Mayor's absence, by the Mayor Pro Tem. In the absence of both the Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Secretary. 4.3 Preservation of Order. The Mayor shall preserve order and decorum, prevent clash of personalities or the impugning of Councilmembers' motives to occur and confine Councilmembers in debate to the question under discussion. 4.4 Points of Order. The Mayor shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. If any appeal is taken, the question shall be "Shall the decision of the Mayor be sustained?" CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 8 4.5 Questions to be Stated. The Mayor shall state all questions submitted for a vote and announce the result. 4.6 Substitution for Mayor. The Mayor may call the Mayor Pro Tem, or in the Mayor Pro Tem's absence, any other Councilmember to take the Mayor's place in the chair, such substitutions not to continue beyond adjournment. 4.7 Amendment to the Minutes. Amendments to the Minutes are made by a motion during the item to consider approval of the minutes. The Minutes are action minutes and provide the action taken by City Council and a summary of subjects discussed. lf a Councilmember desires that certain information be included in the minutes, the Councilmember shall state prior to the information, "For the record". If it is a lengthy statement, a written copy shall be provided to the City Secretary. 4.8 Written Correspondence. A citizen's request in the reading of a statement into the public record as part of a City Council agenda item is at the sole discretion of any member or all of the governing body. The City Council is not obligated to provide for a reading of correspondence into the public record on behalf of an absent individual as part of a City Council public hearing. The City Council, any or all Councilmembers, may elect to provide for a reading of the correspondence, make reference indicating the general position of the correspondence, or pass over the correspondence. The correspondence is provided to City Council and is included in the City Council agenda packet. SECTION V. AGENDA 5.1 Preparation of Agenda. A. The order of business of each meeting shall be as contained in the City Council agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the City Council, and, in the case of regular meetings, shall be delivered to the City Council not less than 72 hours proceeding the Tuesday evening meeting to which it pertains. B. Any member of the City Council desiring to present a subject for City Council consideration shall advise in writing to the City Manager of the fact not later than 4:30 p.m. on Wednesday preceding regular City Council meetings. Subject matter will be accompanied by a summary regarding the purpose for the inclusion of this subject on the agenda. CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 9 C. Items Omitted from Agenda. Any item not appearing on the agenda shall not be taken up for discussion as a matter of City Council business during a regular meeting unless it is of an emergency nature and comes to the City's attention too late to appear on the agenda. Such special, urgent or emergency issues shall be posted in compliance with the Texas Open Meetings Act and the City Charter and may be added as a supplemental item to the regular agenda. D. The regular agenda items shall be considered in the following order: a. Executive Session – 6:30 p.m. - Executive Conference Room b. Call to Order - 7:30 p.m. - Council Chambers c. Invocation d. Pledge of Allegiance e. Resolution or Ordinance taking action on Executive Session items f. Announcements, Proclamations and Presentations g. Consent Items h. Public Hearings i. Discussion of items not for action j. Citizen Comments/Presentations regarding items not on the agenda k. Reports of Boards, Commissions, and Committees l. Resolution approving City Council action not otherwise approved m. Adjournment E. The general order of a Public Hearing shall be: a. Staff presentation b. Applicant introductory presentation – five minutes c. City Council discussion d. Open Public Hearing e. Citizen comments - five minutes each (Large groups supporting the same position may be asked to select a representative to speak for the group) f. Close public hearing g. City Council discussion and vote h. In the alternative, the item may be tabled or continued to a future meeting of the City Council. CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 10 1. If the City Council wishes to consider additional public testimony, the public hearing shall be reopened and the public hearing and item shall be continued to a date certain. 2. If the Public Hearing is not reopened and continued to a date certain, the City Council may only conduct an additional public hearing upon publication of notice in accordance with Chapter 211 of the Local Government Code. F. The City Manager shall provide the City Council with a written analysis of and recommendation of items to be acted on by the City Council at its meetings. These communications shall be generally referred to as agenda packets. The agenda packets for all regular meetings shall be delivered to the City Council by the Friday preceding the Tuesday regular meeting to which it pertains, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. G. The City Secretary shall post notices of all City Council meetings in order to afford compliance with the Texas Open Meetings Act. 5.2 Consent Agenda. In preparing the agenda, the City Manager shall give consideration to the number and degree of complexity of items to be considered by the City Council for the purpose of conserving the City Council's time in meetings. Items which are anticipated to be routine and require little or no discussion by the City Council shall be listed under the agenda category styled "Consent Items". Prior to taking up the Consent Agenda, the Mayor shall determine if there are any items thereon which should be removed from the Consent Agenda for discussion. Any Councilmember may, upon request, remove any item from the Consent Agenda for discussion and separate action. Thereafter, all remaining Consent Agenda items may be acted upon by a single motion approving the Consent Agenda. Items removed from the Consent Agenda shall be considered on the ending Resolution, which is for action not otherwise approved. 5.3 Citizen Participation at Meetings. a. Presentations by citizens must be confined to the agenda item being considered and any questions will be directed to the Mayor. Citizens wishing to speak shall be allowed to speak, provided prior to the consideration of the item; said person completes and delivers to the City Secretary a Speaker's Card providing name, address and topic. A person who has not completed the Speaker's Card prior to the close of CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 11 the public hearing of the item on the agenda shall not be allowed to speak. Presentation by citizens shall be limited to a time period of not more than five (5) minutes with two (2) additional minutes to conclude, at the option of the Mayor or the consent of the City Council, for each speaker. Any time spent by the City Council will not be counted against the citizen's time allotment. No person shall speak more than the time limits provided herein on any subject. That privilege shall not be accorded unless there is an exception supported by a majority of those eligible to vote. The Mayor shall not be obligated to recognize a speaker for a second comment on a subject until all others have spoken and there is unused time available. b. Following a request by a Councilmember, the Mayor may request that the City Council suspend the rules to allow citizens to speak after the public hearing has been closed. c. To maintain decorum, the Mayor shall recognize persons who have completed a Speaker Card indicating a desire to address the City Council. d. As a general rule, citizens may not participate in discussions of the City Council except when recognized by the Mayor and during citizen presentations, public hearings and as otherwise provided for in these Rules. e. Citizens may speak on items not on the agenda under the item "Citizen Comments/Presentations Regarding Items Not on the Agenda". The presentation time period is as listed herein Section 5.4 A. SECTION VI. DECORUM AND DEBATE 6.1 Decorum and Debate a. These rules are intended to serve as a statement of intent as to how this City Council endeavors to conduct itself during City Council meetings. It is the intent of the City Council that all members shall act based on a consistent level of information, with the goal being to act fully informed on all matters. Accordingly, if and when a Councilmember obtains material relevant to a matter before the City Council which has not otherwise been disclosed to the City Council, such Councilmember shall promptly provide such material to the city manager for CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 12 dissemination to the City Council. All such information will be disseminated and disclosed to the full City Council, prior to the case being presented. b. When a measure is presented for consideration to the City Council, the Mayor shall recognize the appropriate Councilmember to present the case, as needed. When two or more Councilmembers wish to speak, the presiding officer shall name the Councilmember who is to speak first. No member of the City Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. c. The Mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first comment. d. Questions from speakers to the City Council with request for an immediate answer, except the applicants and persons representing applicants on platting or zoning cases, shall be prohibited. A Councilmember's questions to speakers should be to specific individuals and the Mayor should explain to those individuals beforehand that they may come to the podium and answer if they choose to. e. Any Councilmember desiring to speak shall be recognized by the Mayor, and shall confine remarks to the subject under discussion or to be discussed. No Councilmember shall be allowed to speak more than once on any one subject until every Councilmember wishing to speak shall have spoken. f. No Councilmember shall be permitted to indulge in personalities, use language personally offensive, impugn motives of Councilmembers, charge deliberate misrepresentation, or use language tending to hold a member of the City Council, the public or City staff up to contempt. g. The Mayor shall not permit unrecognized speaker's comments or allow a member of the audience to indulge in personalities, use language tending to hold the City Council, the public or City staff up to contempt. h. If a Councilmember is transgressing the rules of the City Council, through speech or otherwise, the Mayor shall or any Councilmember may call him/her to order in which case he/she shall immediately be CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 13 quiet unless permitted to explain. The City Council shall, if appealed to, decide the case without debate. If the decision is in favor of the Councilmember called to order, he/she shall be at liberty to proceed, but not otherwise, and if the case occurs, he/she shall be liable to censure or such punishment as the City Council deems proper, consistent with City Ordinances, Resolutions and Charter. i. Any individual of the public who shall disrupt the City Council proceedings or disregard the Mayor shall first be warned of such offense and be requested that they refrain from disrupting the proceedings and/or disregarding the instructions of the Mayor. Any individual of the public failing to honor the first warning of the Mayor for order, shall receive a second and final warning prior to expulsion and/or citation for disturbing a public meeting pursuant to State law. When the Mayor fails to maintain order and decorum, the Councilmembers may compel the Mayor to enforce this provision following due parliamentary procedure, which affirms such compulsion by a majority vote of the City Council. SECTION VII. PROCEDURES FOR CITY COUNCIL APPOINTMENTS 7.1 Procedures for City Council Appointments. The following procedures are for making appointments to boards, committees and commissions established by ordinance or resolution. Appointments to ad hoc committees and task forces established by resolution should not necessarily be bound by the same procedures, but may be done in a manner appropriate to the situation as deemed proper by the City Council. The City Council shall set the quorum for a committee. The City Council shall vote whether the committee selection will be handled by the rules of procedures or by slate. A. Announce the position(s) to be filled. In the announcement, define the duties of the position(s), define the term of the position and request that applications be formally submitted to the City Council by a specific deadline. This announcement should be made at least 30 days prior to the deadline for submission of applications and should be placed in the local newspaper, posted at City Hall, on the website and placed in the City E-news (if timely). Upon review of the Applications for Appointment, City Council will determine if interviews shall be conducted. If Council desires, interviews will be conducted prior to a City Council meeting, which may be subject to the Texas Open Meetings Act or be conducted in Executive Session. If no applications are received or fewer applications than open positions CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 14 are received, the City Council may fill positions from the floor or request the City Secretary to advertise the open position(s). In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. B. The candidates will be selected to fill the open positions no later than the second City Council meeting after the deadline for application submission, in the following manner: i. If more than one position is to be filled, consider the appointment for each position individually in the order selected by the Mayor, as follows: 1. The Mayor shall open the floor for nominations and if there are no nominations, the Mayor will call on each Councilmember for a nomination. a. Each applicant shall have provided an application and financial disclosure forms, where applicable, to the City Secretary’s office for City Council consideration. 2. Councilmembers or the Mayor may decline to make a nomination if previous nominations are acceptable. 3. After each Councilmember has had an opportunity to make a nomination or defer to make a nomination, the Mayor will take a vote on the slate of nominees by asking each Councilmember to state the name of the nominee that the Councilmember votes to appoint to the position under consideration. 4. Return to Step 1 and repeat the process for the next position to be filled until all positions are filled. SECTION VIII. MEMORIALS 8.1 Memorials. The following procedures are for honoring deceased current or former City elected officials, sitting board, commission or committee members and community volunteers. CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 15 A. Recognition of the death of a current or former City elected official. When the City is notified of the death of a current or former elected official, flowers or a plant will be sent to the memorial service, or a donation to an organization specified by the family (in an amount not to exceed $150.00), and a sympathy card will be sent to the family. A Memorial Proclamation, honoring the official, will be sent to the memorial service or to the family. The City Manager's Office will coordinate the donation of a book, in which the official's name is inscribed on a bookplate inside of the book, to the Colleyville Public Library, in an amount not to exceed $50.00. A letter from the Library Director will notify the family of the book donation. B. At the family’s request and with City Manager approval, members of the Colleyville Police and Fire Department Honor Guard may attend the funeral of a current or former City elected official as representatives of the City. C. Recognition of the death of a sitting board, commission or committee member. When the City is notified of the death of a sitting board, commission or committee member, the City Manager’s Office will forward a sympathy card to the family. D. Recognition of the death of community volunteers. Due to the significant number of community volunteers assisting a multitude of organizations across the City of Colleyville, it will not be the practice of the City to recognize these individuals in a formal capacity. During a City Council meeting, elected officials may, at their discretion, verbally recognize the efforts of these individuals and their service to Colleyville during the agenda item for Announcements, Proclamations and Presentations. 8.2 Recognition by lowering of the United States Flag. The City is not at liberty to proclaim the Flag of the United States be flown at half-staff in recognition of a City official. Per the United States Code, only the President of the United States or the State Governor can order the flag lowered to half-staff. 8.3 Use of City equipment and personnel. At no time will City equipment be used to carry the casket or participate in the funeral procession of a deceased, current or former City elected official, board, commission, committee member or community volunteer. Exceptions to this rule may include City equipment earmarked for use by community groups, such as the Citizen Fire Academy Alumni Association Rehab Team and the Citizen Police Academy Alumni CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 16 Association Citizens on Patrol, where equipment use for a group member’s funeral may be authorized by the Department Director. History of Adoption and Amendments Resolution Number Adoption/Amendment Date Subject R-88-387 8/18/88 Adopted Rules of Procedure R-90-610 7/3/90 Amended to adopt the procedure for appointing committees as established by ordinance R-90-612 7/17/90 None noted R-91-654 1/22/91 Amended regular meeting language; subjects for City Council consideration; preparation of agenda R-94-999 4/19/94 Provided suspension of rules by ¾ majority R-95-1122 6/6/95 Amended Councilmembers presenting subjects for City Council consideration R-03-2268 6/5/03 Members presenting subjects for City Council consideration R-05-2599 9/20/05 Citizen comments R-06-2721 7/5/06 Regular agenda items; Pre Council and Executive Session posted meeting times; public hearing order; process for continuing public hearings; memorials R-07-2859 7/17/07 Robert’s Rules of Order removed R-08-2980 6/17/08 Resolutions R-09-3183 12/15/09 Types of meetings; agenda sections; preparation of agendas; memorials R-11-3308 1/4/11 Memorials R-12-3520 8/7/12 Types of meetings & special meetings R-13-3645 6/18/13 Grammatical updates R-16-4023 8/16/16 Executive session (certified agendas) and start time; removal of paragraphs relative to the establishment of worksessions; order of the regular agenda items; general order of public hearings; removal of oral presentations by city manager; addition of speaker card submittal prior to the close of the public hearing; removal of the offering of unsolicited input; CITY COUNCIL RULES OF PROCEDURE - AMENDED BY CITY COUNCIL DECEMBER 5, 2017 17 addition of language to City Councilmembers transgressing the rules of procedure; & addition of $100 for memorial donations R-17-4162 8/1/17 Updated Section 7.1(B) lettering, and included an application and financial disclosure forms be provided by applicants filling a vacancy. R-17-4210 12/5/2017 Amended Section 1 – Authority, adding 1.2 requiring new Councilmembers to attend a City Council orientation, training, and participate in a vision worksession. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 8 Agenda Date 12/05/2017 Type Report Department City Secretary Title Colleyville Tree Board Minutes - January 5, 2015 Zoning Board of Adjustment Minutes - September 12, 2017 Attachments 1.Colleyville Tree Board Minutes - January 5, 2015 2.Zoning Board of Adjustment Minutes - September 12, 2017 City of Colleyville Page 1 City of Colleyville Colleyville Tree Board MINUTES City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Monday, January 5, 2015 6:00 p.m. Colleyville Public Library 110 Main Street - 2nd Floor 1. CALL TO ORDER Chairperson Nancy Genco called the meeting of the Tree board to order on January 5, 2015 at 7:10 p.m. ROLL CALL Present: Chairperson Natalie Genco, Vice Chair Nancy Coplen, Board Members Brenda Ritz and Ajit Purandare. City Staff: Assistant City Manager/Chief Financial Officer Terry Leake, Parks Manager James Hubbard, and Administrative Assistant Kristi Isbell Absent: Board Members Hilary Schwanbeck and Michelle McGarry 2. APPROVAL OF MINUTES October 1, 2014 Board Member Nancy Coplen moved to approve the October 1, 2014 meeting minutes as written. Ajit Purandare seconded the motion. The motion carried with a unanimous vote. 3. REGULAR AGENDA ITEMS 3a Overview of Chapter 5, Tree Preservation of the Land Development Code Manager James Hubbard provided a review of the amendment to Chapter 5 Tree Preservation of the Land Development Code, as approved by City Council on October 6, 2014. Hubbard explained that the purpose of an additional fine was to discourage developers from circumventing fees associated with clear cutting protected trees and paying owner directly prior to sale. This fine is applicable to property owners of more than one acre. Regarding enforcement of the new ordinance, Hubbard described the new role for Parks Supervisor Chris Haworth, as a site inspector, due to his certification as an arborist. Hubbard stated that the intent of the ordinance was not to simply raise fees but to protect trees, therefore developers are required to replace trees with new trees depending on size, species, location of removed trees. Monetary fines are in place, as well. Natalie Genco requested a report with information regarding fines levied Colleyville Tree Board Minutes January 5, 2015 City of Colleyville Page 2 and City’s use of these funds indicating that a citizen contacted her with same request. Brenda Ritz questioned who is fined for offenses such as parking under a tree on construction site: the offender, the contractor, or the developer. Ritz suggested that the direct offender be fined, instead of contractor or developer, in order to curb behavior. 3b Overview of tree inventory project Manager Hubbard stated that the Parks Department is conducting a tree inventory on Parks properties using GIS technology, collecting information on the trees based on its attributes. Hubbard presented mapping of the first inventory project completed, Bogart Linear Park. Data collected on Bogart Linear Park provided information on quantity and species and on-site inspection, by Parks Supervisor Chris Haworth, provided information on condition of the trees. Hubbard explained that information collected during inventory will be important in making decisions regarding maintaining or increasing current tree canopy. Hubbard sited most recent citizen survey indicating increased shade at parks a concern of citizens noted in most recent Citizen Survey. Hubbard stated that McPherson Park is slated to be inventoried next. 4. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no additional comments/presentations regarding items not on the agenda. 5. ADJOURNMENT A future meeting was not firmly scheduled. Assistant City Manager Terry Leake stated that the next Tree Board meeting would likely coincide with the Parks and Recreation Advisory Board on Monday, October 5, 2015. A motion was made by Brenda Ritz and seconded by Nancy Coplen to adjourn the meeting. The motion carried with a unanimous vote. Chair Natalie Genco adjourned the meeting at 7:45 p.m. Colleyville Tree Board Minutes January 5, 2015 City of Colleyville Page 3 APPROVED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 30th DAY OF October 2017. Minutes taken and prepared by: Kristi Isbell Administrative Assistant City of Colleyville Page 1 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 12, 2017 City Council Chambers CALL TO ORDER The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on September 12, 2017 at 7:00 p.m. Roll Call Present: Board members Kimberly Holt, Dee Kamerman, Wayne Maynard, Dee McNosky, Raymond Allee, Richard Vallario, and Michael Deakin Staff Present: Ben Bryner, Felix Landry, and Araceli Botello 1. APPROVAL OF MINUTES Board member Maynard made a motion to approve the August 8, 2017 minutes. Board member Vallario seconded. The motion to approve carried by the following vote: Aye: 5 – Kamerman, Maynard, Allee, Vallario, and McNosky 2. PUBLIC HEARING AGENDA ITEMS 2a Request for a variance to certain provisions of the Section 3.26, Fences, Free Standing Walls, and Screening Materials on Lot 9, Block 2, of the Brighton Oaks Addition, Located at 3005 Sherwood Lane, Case VC17-009 Felix Landry presented the case and briefed the Board. The applicant, Tracy Cutrona, 3005 Sherwood Lane, came forward and briefed the board. The public hearing was opened at 7:10 p.m. Amy Adams, 5409 Rustic Trail, came forward and spoke in support to the case. Zoning Board of Adjustment Minutes September 12, 2017 City of Colleyville Page 2 Katy Hadley, 204 Timberline Drive North, came forward and spoke in opposition to the case. Board member Maynard questioned the applicant regarding the wall location and if it will be built slightly down the slope. The applicant replied that the wall will not be built down the slope. The applicant added that the wall would be level with the house and pool and that there is an additional request to move the fence slightly downhill into the front yard setback. Board member McNosky asked the applicant to clarify where they are proposing to add a solid wall and relocate the chain link fence. The applicant responded that a solid wall would be installed coming out from the house and that the existing chain link fence will be relocated to be within the front yard setback. Board member McNosky questioned the applicant regarding the safety with the existing pool. The applicant responded that she understands the safety concerns with children and having a pool. The applicant added that a 4 foot tall fence is considered to be within code. Board member Kamerman questioned the applicant regarding privacy and fencing. The applicant responded that she is not concerned with the chain link section and privacy due to the topography and the trees, but is concerned with privacy where the wall is proposed. The applicant has chosen a wall design that will complement the style of the home. Discussion continued regarding privacy. Board member Holt clarified with the applicant that the proposed wall would replace a portion of the chain link fence. The applicant responded yes. Discussion continued regarding chain link fencing. There being no one else wishing to speak, the public hearing was closed at 7:21 p.m. Board member Maynard made a motion to approve Case VC17- 009. Board member McNosky seconded. The motion to approve case VC17-009 failed by the following vote: Zoning Board of Adjustment Minutes September 12, 2017 City of Colleyville Page 3 Aye: 2 – Maynard and McNosky Nay: 3 – Kamerman, Allee, and Vallario 2b Request for a variance to certain provisions of the Section 3.26, Fences, Free Standing Walls, and Screening Materials on Lot 5R, Block 4, of the Rustic Oaks Addition, Located at 5409 Rustic Trail, Case VC17-010 Felix Landry presented the case and briefed the Board. The public hearing was opened at 7:27 p.m. The applicant, Amy Adams, 5409 Rustic Trail, came forward and briefed the board. Board member McNosky asked the applicant to clarify if they are replacing the existing fence. The applicant responded yes. Board member McNosky questioned the applicant regarding the type and height of the proposed fence. The applicant responded that the fence would be made of wood and 8 foot tall in lieu of the current 6 foot tall wood fence. Discussion continued regarding replacing the current fence. Board member McNosky made a notation that the request is being presented before the board due to the fence being located in a non- conforming location and the applicant is looking to replace the fence. The applicant added that she would like to fix the fence, make it secure, and prettier. Discussion continued regarding the request for the proposed fence. Board member Holt questioned the applicant whether the pond is accessible to the public. The applicant responded that the pond is not accessible to the public. The applicant added that the pond is privately owned. Board member Deakin questioned the applicant regarding fencing and height on the adjacent property. The applicant responded that the same fencing exists on the property surrounding her property and is between 6 and 8 foot tall. Staff added that based on the information listed on the application, only the property at 5409 Rustic Trail was noticed. Therefore the only action up for consideration before the board is for 5409 Rustic Trail. The adjacent property will require a Zoning Board of Adjustment Minutes September 12, 2017 City of Colleyville Page 4 separate hearing. Board member Maynard questioned the applicant regarding the height of the fence on the property located at 5509 Rustic Trail. The applicant responded that the height of the fence is 8 foot tall. Board member Vallario questioned the applicant regarding the request of replacing the fence from the property located at 5509 Rustic Trail to 5317 Rustic Trail. The applicant responded that the request does not include fencing at that location. The applicant added that the request is to replace the fencing along the northeast property line only on Rustic Trail. Discussion continued regarding replacing the fence along the property. Board member Maynard asked for clarification regarding the public trespassing with the current fencing. The applicant responded that the current fence is not sufficient to deter the trespassing and she is concerned about the liability of the trespassing onto her property. The applicant added that the public is not trespassing in the area of her property where the 8 foot fence exists. There being no one else wishing to speak, the public hearing was closed at 7:46 p.m. Board member Maynard made a motion to approve Case VC17- 010. Board member Kamerman seconded. The motion to approve case VC17-010 was carried by the following vote: Aye: 5 – Kamerman, Allee, and Vallario Maynard, and McNosky Nay: 0 3. ADJOURNMENT The meeting adjourned at 7:47 p.m. Zoning Board of Adjustment Minutes September 12, 2017 City of Colleyville Page 5 Minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on November 14, 2017 by a vote of 5-0. RESOLUTION R-17-4211 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 5, 2017 WHEREAS,City Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS THE 21 TH DAY OF DECEMBER 2017. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 3, Kathy Wheat Place 4, George Dodson Place 5, Nancy Coplen Place 6, Mike Taylor ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor