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HomeMy WebLinkAboutCity Council-Minutes-11/21/2017 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, November 21, 2017 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Recommendations from Colleyville Special Events Ad Hoc Committee WS-2 2017 Council Priorities Workshop Report WS-3 Discussion of the STAR (Status, Transparency, Accountability, & Results) Report WS-4 Discussion of dates for a Worksession on Land Development Code updates WS-5 Discussion of the City/Colleyville Area Chamber of Commerce partnership WS-6 Discussion of the November 21, 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 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 City Council Agenda November 21, 2017 City of Colleyville Page 2 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: 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 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's Featured Business of the Month – Rio Mambo, 5150 Highway 121 - Mayor Richard Newton and Assistant City Manager Mark Wood 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 City Council Agenda November 21, 2017 City of Colleyville Page 3 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 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4203 A resolution changing July, October, and November 2018 City Council meetings dates 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 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 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 11. ADJOURNMENT City Council Agenda November 21, 2017 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 17, 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 Minutes 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 Council Minutes November 21, 2017 City of Colleyville Page 2 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 consensus of priorities and strategies. 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. He stated that he believed a strong Colleyville Chamber of Commerce is very beneficial to Colleyville and that he working to support the Chamber and is supportive of the City of Colleyville providing support in creative ways that can make a positive difference to the Colleyville Chamber. City Council Minutes November 21, 2017 City of Colleyville Page 3 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 City Council Minutes November 21, 2017 City of Colleyville Page 4 Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 6:20 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 City Council Minutes November 21, 2017 City of Colleyville Page 5 essay about how they would make Colleyville a better place. Details are available on Colleyville.com. 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. City Council Minutes November 21, 2017 City of Colleyville Page 6 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. 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. City Council Minutes November 21, 2017 City of Colleyville Page 7 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. 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 City Council Minutes November 21, 2017 City of Colleyville Page 8 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: 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. These were in the $250,000 to $260,000 range. After the last City Council meeting an individual that was at the meeting stated he would pay $125,000 for the lot. 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 (the applicant), 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 City Council Minutes November 21, 2017 City of Colleyville Page 9 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 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: they were in favor of the house facing Shelton Street and the east, south and west setbacks be 40 feet. Mayor Newton also explained the problem was created by the original owners selling a portion of the northern portion of the lot and the City allowing a house to be built on that portion of the lot in 2014 under Agricultural zoning. The lot was originally the size of all other lots on Shelton and consistent with the development in the area. The remaining portion of the lot (which is the topic of this agenda item) does not conform to the development around it or the intent of the original development on Shelton Drive. In order to stay consistent with the intent, policy, and vision of the Colleyville comprehensive plan the City Council previously declined to zone this lot R-20. Mayor Newton stated that we are very careful in areas of the City where there are still large lots and low density not to make decisions that will impact the integrity of those neighborhoods. 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 City Council Minutes November 21, 2017 City of Colleyville Page 10 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. 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 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 5TH DAY OF DECEMBER 2017. Minutes taken and prepared by: Christine Loven, TRMC City Secretary