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HomeMy WebLinkAboutCity Council-Minutes-03/20/2018 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, March 20, 2018 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the draft Parks and Recreation Master Plan WS-2 Discussion of the future use of Bidault House and Webb House WS-3 Discussion of the Old Tyme BBQ event WS-4 Discussion of an amended developer’s agreement with the Village Owner’s Association (VOA) WS-5 Discussion of the March 20, 2018, 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 Section 551.074 – Personnel • Deliberate the selection, employment, evaluation, duties, and compensation of the Police Chief • Deliberate the employment, evaluation, duties, and compensation of the City Manager • Discussion of City-wide employee compensation City Council Agenda March 20, 2018 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: Pastor Ricky Texada, Colleyville Covenant 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-18-4245 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the March Featured Business of the Month - Bark Avenue Market & Bakery - owners Tammy and John Doak - Mayor Richard Newton and Assistant City Manager Mark Wood 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4246 4a Approval of the minutes of the regular City Council meeting of March 6, 2018 4b Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVDs and CDs, and non-book materials, learning games, and puzzles 4c Approval of an Amended developer’s agreement with the Village Owner’s Association (VOA), and authorizing the city manager to execute the Agreement City Council Agenda March 20, 2018 City of Colleyville Page 3 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-18-2035 Approval of a tariff authorizing an annual Rate Review Mechanism (RRM) as a substitution for the annual interim rate adjustment process defined by Section 104.301 of the Texas Utilities Code and as negotiated between Atmos Mid-Tex and the Steering Committee of Cities Served by Atmos 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-18-2036 Consideration of an appeal to the Planning and Zoning Commission decision of a zoning change request from the AG-Agricultural zoning district to the R-20 Single Family Residential zoning district on Tracts 2D and 2D3, Abstract 233, in the D R Blanton Survey, located at 5209 Bluebonnet Drive, Case ZC17-017 6b Ordinance O-18-2037 Consideration of an appeal of the Planning and Zoning Commission decision of a zoning change request from the R-40 Single Family Residential zoning district to the PUD-C Planned Unit Development- Commercial zoning district on a portion of Tract 1, Abstract 1154, of the R H McEwing Survey, located at 8060 Precinct Line Road, Case ZC17- 023 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Monthly Financial Report - February 2018 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MARCH 20, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4247 10. ADJOURNMENT City Council Agenda March 20, 2018 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards March 16, 2018 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, March 20, 2018 COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, March 20, 2018, at 5:00 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor. City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Interim Police Chief Hillary Wreay, Fire Chief Brian Riley, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Recreation Manager Lisa Escobedo, Parks Manager Heather Dowell, Marketing Coordinator Dustin Dangli, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the draft Parks and Recreation Master Plan Parks Manager Heather Dowell introduced Pat Hoagland, principal, Bandstetter Carroll, the City’s consultant for the Master Plan, who reviewed the draft documents and led the discussion. Mayor Newton asked for the action steps to complete the plan, be defined and requested the updated plan draft be reviewed by the Parks and Recreation Advisory Board. Mayor Newton acknowledged there were Parks and Recreation Advisory Board members in attendance (Hillary Schwanbeck, John Hillebrand, Mitali Mandlekar, Rich Hendler, Cliff Leblanc, and Ajit Purandare) and asked them to offer comments if they so desired. The ranking of goals and objectives, additions the City Council would like incorporated, and a timeline for receipt of comments from the City Council and Parks and Recreation Advisory Board were discussed. WS-2 Discussion of the future use of Bidault House and Webb House Assistant City Manager Adrienne Lothery presented this item and answered questions of the City Council. Due to the responses of the Parks and Recreation Advisory Board and the Historical Preservation Committee, the City Council directed staff to move forward with renovations at the Webb House as presented, but reduce the scope of the work on the Bidault House. This will allow the Webb House to be used by the public. At this time, the Bidault House will not be open to the public, but may be used as a photographic backdrop. City Council Minutes March 20, 2018 City of Colleyville Page 2 WS-3 Discussion of the Old Tyme BBQ event This item was moved to the next agenda due to time. WS-4 Discussion of an amended developer’s agreement with the Village Owner’s Association (VOA) There was no discussion of this item. WS-5 Discussion of the March 20, 2018, City Council regular agenda items There was no discussion of this item as it was on the regular City Council Agenda for action and a public hearing will be held. Mayor Newton adjourned the worksession at 6:03 p.m. Mayor Newton called the Executive Session to order at 6:04 p.m. and called the roll. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by 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 159 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Glade Road Project Phases 1B and 2 Section 551.074 – Personnel • Deliberate the selection, employment, evaluation, duties, and compensation of the Police Chief • Deliberate the employment, evaluation, duties, and compensation of the City Manager • Discussion of City-wide employee compensation 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 City Council Minutes March 20, 2018 City of Colleyville Page 3 with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.074 - Personnel and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:20 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:36 p.m. ROLL CALL: Mayor Richard Newton, Mayor for a Day Sydney Ellis, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen, and Mike Taylor ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Chief Financial Officer Shereen Gendy, Marketing Coordinator Dustin Dangli, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. INVOCATION: Pastor Ricky Texada, Colleyville Covenant 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-18-4245 Mayor Newton read Resolution R-18-4245 in its entirety. Mayor Newton introduced Michael Miller, Colleyville’s new Police Chief and provided Chief Miller’s career highlights. Mayor Newton and each of the Councilmembers offered words of welcome to Chief Miller and expressed appreciation to City Manager Jerry Ducay for his work performance. Mayor Newton opened the public hearing at 7:56 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:56 p.m. Councilmember Taylor made a motion to approve Resolution R-18-4245, Councilmember Dodson seconded the motion. The motion to approve carried with the following vote: City Council Minutes March 20, 2018 City of Colleyville Page 4 Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton announced the Walk of Honor scheduled for fall of 2018, which has been established by the GCISD and Walk of Honor Committee to recognize individuals who have served the District with donor, distinction, and service. Nominations are being accepted through May 15, and more details are available at www.gcisdwalkofhonor.com. Mayor Newton encouraged everyone to attend the inaugural Farmer’s Market which opens Saturday, March 24 on the property to the south of City Hall. The Farmer’s Market will be conducted every Saturday through November, 9 a.m. – 2:00 p.m. Mayor Newton also thanked everyone who attended and completed comment cards at the March 14 public engagement meeting regarding a plaza in front of City Hall. He also announced the showing of Ferdinand was a big success at the Movie in the Village on Friday, March 16. Mayor Newton recognized the coffee and a book program at the Library and thanked Library Director Mary Rodne and City staff for all their efforts. Councilmember Nakamura announced the Colleyville Woman’s Club Annual Fashion Show will be conducted April 6 at the Hurst Conference Center and encouraged everyone to attend. Mayor Newton announced the applicant has withdrawn Item 6a, on this agenda, which means it cannot come before City Council for a year. In recognition of the March Featured Business of the Month - Bark Avenue Market & Bakery - owners Tammy and John Doak - Mayor Richard Newton and Assistant City Manager Mark Wood Mayor Richard Newton and Assistant City Manager Mark Wood welcomed Tammy and John Doak, owners of Bark Avenue Market and Bakery and recognized Bark Avenue as the featured business of the month. Tammy and John thanked the Council for the recognition, stated they love the community, and their venture began in 2010 after a pet food recall had led them to research safe products for our pets. City Council Minutes March 20, 2018 City of Colleyville Page 5 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4246 4a Approval of the minutes of the regular City Council meeting of March 6, 2018 4b Approval of the disposal of surplus, damaged, worn and outdated library books, audiovisual items, DVDs and CDs, and non-book materials, learning games, and puzzles 4c Approval of an Amended developer’s agreement with the Village Owner’s Association (VOA), and authorizing the city manager to execute the Agreement Mayor Newton read Resolution R-18-4246 in its entirety. Library Director Mary Rodne updated the City Council regarding 4b and answered questions. City Manager Jerry Ducay presented item 4c and answered questions of the City Council. Mayor Newton opened the public hearing at 8:27 p.m. Kathy Hadley, 204 North Timberline, spoke regarding the library books, suggesting the home schoolers would like to have access to the materials. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:28 p.m. Councilmember Nakamura made a motion to approve Resolution R-18- 4246, Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-18-2035 Approval of a tariff authorizing an annual Rate Review Mechanism (RRM) as a substitution for the annual interim rate adjustment process defined by Section 104.301 of the Texas Utilities Code and as City Council Minutes March 20, 2018 City of Colleyville Page 6 negotiated between Atmos Mid-Tex and the Steering Committee of Cities Served by Atmos Mayor Newton read the caption of Ordinance O-18-2035. Assistant City Manager Adrienne Lothery presented this item and answered questions of the City Council. Mayor Newton reiterated the ordinance approves a rate review process that Atmos has agreed to. The process provides benefits to cities over and above the rate review process Atmos could use without disagreement. Mayor Newton also asked for confirmation that Atmos must pass through to its customers, all federal income tax reductions created by the recent federal tax law legislation. Manager Lothery confirmed that Atmos must pass through all federal tax reductions to its customers. Mayor Newton opened the public hearing at 8:35 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:35 p.m. Councilmember Coplen made a motion to approve Ordinance O-18-2035, 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-18-2036 Consideration of an appeal to the Planning and Zoning Commission decision of a zoning change request from the AG-Agricultural zoning district to the R-20 Single Family Residential zoning district on Tracts 2D and 2D3, Abstract 233, in the D R Blanton Survey, located at 5209 Bluebonnet Drive, Case ZC17-017 This item was withdrawn by the applicant. 6b Ordinance O-18-2037 Consideration of an appeal of the Planning and Zoning Commission decision of a zoning change request from the R-40 Single Family Residential zoning district to the PUD-C Planned Unit Development-Commercial zoning district on a portion of Tract 1, Abstract 1154, of the R H McEwing Survey, located at 8060 Precinct Line Road, Case ZC17-023 City Council Minutes March 20, 2018 City of Colleyville Page 7 Mayor Newton read the caption of Ordinance O-18-2037. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Rick Jones, 6606 Meadow Road, Dallas, the applicant, presented this item and answered questions of the City Council. There was discussion regarding the zoning, a waiver to the masonry fence at the back of the building line, and the 200 foot notification. Director Bryner stated to- date, there has been two responses in favor and one in opposition. There was discussion regarding the drainage plan, location of outflow, drainage elevation, detention pond, and flow. Councilmember Taylor asked Mr. Jones to clarify the valued assessment and estimated sales tax. Mr. Jones stated it is a variable assessment and will be between $7.5 and $8.8 million. Mayor Newton clarified the variable value assessment would amount to approximately $24,000 to $29,000 in sales tax being paid to the City. Councilmember Dodson pointed out the building would be located in the Keller ISD. Mayor Pro Tem Lindamood questioned the elevation, detention pond, fall, retaining wall, and berming. Paul Grogan, Civil Engineer, 2080 North Highway 360, Grand Prairie, responded to questions regarding the preliminary design. Mayor Newton noted there has been a lot of time taken up with discussion of drainage; however, the staff recommendation of denial is based on the use. Billye Fowler, 1303 Briar Ridge Drive, Keller, the independent executor of property, stated she understands a retail use would equate to a higher value. Mrs. Fowler stated the Planning and Zoning Commission felt the front of the property should be sold as retail first and then the back portion could be addressed, and while she agrees with the retail up front, the property is too deep to be totally retail; therefore, she is concerned if they cannot allow the back to be developed, it puts them in a position to become a developer, trying to establish driveway, etc., and that is not her preference. Mrs. Fowler stated she has a pending contract for retail restaurant on the front portion of the property, but she is somewhat at a loss for understanding of what is expected of her. Mayor Newton opened the public hearing at 9:21 p.m. City Council Minutes March 20, 2018 City of Colleyville Page 8 Kathy Hadley, 204 N. Timberline, spoke in opposition to this item, expressing concern for the houses behind the development and a storage facility being an entrance to the City. Lynnette Stanley, 1101 Lavaca Trail, spoke in opposition to this item with concerns for flooding to her property and plants. There were no others present wishing to speak and Mayor Newton closed the public hearing at 931 p.m. Mayor Newton provided a recap of the discussion and noted drainage is a large concern. He explained to Mr. Jones approval would require a super majority and he believes this item will not make it. This was a first reading, therefore City Council did not take any action. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 North Timberline, spoke regarding signage for the Farmer’s Market, stated it is the job of the City Manager and City Council to preserve Colleyville, and she appreciates their work and that of City staff. Mrs. Hadley welcomed Police Chief Miller and asked him to provide officers with PTSD training, suggested the City sponsor activities for teen, and stressed the need to keep Colleyville unique. Ann Kelley, 400 Briarcliff Court, spoke regarding she and husband Rolland being 40-year residents of the City and is concerned because she received a political call from Mayor Newton on her cell phone and cannot find out how the City obtained her cell phone number. Mrs. Kelley stated Mayor Newton left her a voice mail regarding her questions, but she asked him to put it in an email, and he has not. Mrs. Kelley noted she wanted the information emailed, so she may pass the information along to a list of others who have the same question. Kathleen Hennessey, 5013 Stonebrige Drive, spoke regarding draining in the City and thanked Mayor Pro Tem Lindamood and City Manager Ducay for their assistance. City Council Minutes March 20, 2018 City of Colleyville Page 9 8. REPORTS Monthly Financial Report - February 2018 Chief Financial Officer Shereen Gendy presented this item and answered questions of the City Council. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MARCH 20, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4247 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:56 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 3RD DAY OF APRIL 2018. Minutes taken and prepared by: Christine Loven, TRMC City Secretary