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HomeMy WebLinkAboutCity Council-Minutes-12/05/2017 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, December 5, 2017 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, December 5, 2017, at 5:30 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: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Brian Riley, Interim Police Chief Robert Hinton, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Parks Manager Heather Dowell, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of masonry wall requirements Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mayor Newton asked if the wood fence requirements were for residential or commercial. Director Bryner replied the requirements are for all wood fences, however, when used in commercial applications, the posts must be metal. Councilmember Dodson asked if a permit is required for all fencing and stated the 15 gauge posts seems thin. Director Bryner stated a permit is required and is approved by the Community Development department. Mayor Newton stated he has considered all aspects of this fencing requirement and is considering what the objective is in taking up this issue. There was general discussion regarding the requirements of fencing between commercial lots, type of fencing, monetary costs, the need to have fencing be aesthetically pleasing while not creating silos and/or cubicles, and the Council’s ability to grant waivers and variances. Mayor Newton stated before making a final decision regarding the need for City Council to deliberate further, he would like staff to prepare a future worksession item and provide a list of what items are considered by the Zoning Board of Adjustment. City Council Minutes December 5, 2017 City of Colleyville Page 2 WS-2 Discussion of a farmer's market Assistant City Manager Mark Wood presented this item and introduced Matt Brown, Chief Operating Officer, Four Seasons, who also gave a presentation and answered questions of the City Council. Councilmember Dodson asked if vendors are required to provide their own tent and if the City provides power. ACM Wood stated the answer to both is yes, but the City will begin providing power by generator before installing full service. City Manager Ducay stated there is power at Heroes Park and it will not be problematic to run the power. Councilmember Coplen asked if the market is once a month or all year. City Manager Ducay stated the market will be all year, however, the variety of wares will be based on the season. Mr. Brown discussed the general premise of a four season market, use of membership cards, engaging patrons, citizens, and businesses; the company’s current clients, marketing platform, and anticipated contract terms. Assistant City Manager Mark Wood will continue to work with Four Seasons to bring a resolution before the City Council to approve a contract with Four Seasons for a Colleyville Farmer’s Market. WS-3 Discussion of the December 5, 2017, City Council regular agenda items Mayor Newton distributed copies of the changes he would like made to the November 5, 2017 City Council minutes and asked City Council to include same when making a motion for the approval of the consent resolution. Mayor Newton also distributed copies of an editorial in the Fort Worth Star- Telegram which discussed the Tarrant Appraisal District (TAD), a list of the current candidates for the TAD Board of Directors, and the votes each have received to date. Mayor Newton stated the City’s nominee, Ms. June Shrewsbury will not be able to win and advised Resolution R-17-4207 on this agenda will allow the City Council to cast their votes. Mayor Newton asked everyone to review the material and be prepared to discuss voting for Daniel J. Bennett. Mayor Newton adjourned the worksession at 6:32 p.m. Mayor Newton called the Executive Session to order at 6:32 p.m. and called the roll. City Council Minutes December 5, 2017 City of Colleyville Page 3 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 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 7:05 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: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Brian Riley, Interim Police Chief Robert Hinton, Public Works Director Jeremy Hutt, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Parks Manager Heather Dowell, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. INVOCATION: Pastor Martin Richardson, Crown of Life City Council Minutes December 5, 2017 City of Colleyville Page 4 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 Mayor Newton read Resolution R-17-4205 in its entirety. Mayor Newton stated all the properties listed in the resolution are associated with the Glade Road project. Mayor Newton opened the public hearing at 7:34 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:34 p.m. Councilmember Nakamura made a motion to approve Resolution R-17- 4205, 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 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 the passing of long-time resident Mrs. Martha Bufe. Mayor Newton reminded everyone the deadline for the Mayor for the Day essay entries was December 8. Mayor Newton thanked everyone for attending the Christmas Tree Lighting and festivities at City Hall on December 1 and thanked Mary Rodne and her staff, as well as all employees who assisted with the event. Mayor Newton also thanked Executive Secretary Joyceinne Williams for decorating Council Chambers. Mayor Pro Tem Lindamood recognized the City’s refuse and recycling vendor CWD, for collecting six tons of leaves. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17- 4206 City Council Minutes December 5, 2017 City of Colleyville Page 5 4a Approval of the minutes of the regular City Council meeting of November 21, 2017 Mayor Newton read Resolution R-17-4206 in its entirety. Mayor Newton stated he distributed corrected minutes to the City Council which contains a record of the concerns of neighbors and the City Council regarding 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 asked Mayor Newton if the minutes corrections where taken from the audio record. Mayor Newton concurred. Mayor Newton opened the public hearing at 7:38 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:38 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4206, with the corrections presented by Mayor Newton and reviewed by City Council. 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-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 Mayor Newton read the caption of Ordinance O-17-2034. Chief Financial Officer Shereen Gendy presented this item and updated the City Council noting the deposit for a water meter was increased from $750 to $1,150 to cover the cost of a meter not being returned and having to be replaced. Mayor Newton stated at the last meeting he questioned the rate charge for water at a fire hydrant and has since researched and found the water meter size ratio compared to the fire hydrant rate is correct and being billed appropriately. City Council Minutes December 5, 2017 City of Colleyville Page 6 Councilmember Wheat stated all fees are itemized on the utility bill. City Council concurred. Councilmember Dodson noted the sewer calculation is determined by averaging the December, January, and February water usage. Mayor Newton opened the public hearing at 7:46 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:46 p.m. Councilmember Dodson made a motion to approve Ordinance O-17-2034, 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 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 Mayor Newton read Resolution R-17-4206 in its entirety. Mayor Newton reviewed the methodology and election process of a Tarrant Appraisal District (TAD) Board Member. Mayor Newton stated the City Council had exercised their rights and nominated June Shrewsbury as a candidate to the TAD Board of Directors and he had, by correspondence, reached out to all voting entities asking for their support of Ms. Shrewsbury. Mayor Newton stated there was a recent editorial in the Fort Worth Star-Telegram which outlined the difficulties TAD has faced over the last five years. Mayor Newton stated Daniel J. Bennett who is a candidate for a place on the TAD Board had given a presentation to the City Council and he was a man on a mission to educate the public regarding TAD. Mayor Newton has researched the procedures for electing a TAD board member and is aware Ms. Shrewsberry cannot win, he therefore asked City Council to consider casting their vote for Daniel J. Bennet. There was general discussion regarding the Tarrant County votes and TAD’s responsibilities. City Council Minutes December 5, 2017 City of Colleyville Page 7 Councilmember Taylor stated we are blessed to live in Colleyville and the taxing formula is rate multiplied by value equals the levy, and we cannot live in a high end city without paying our taxes. City Council concurred. Mayor Newton opened the public hearing at 7:58 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:58 p.m. Mayor Newton made a motion to approve Resolution R-17-4207, casting all 21 votes for Daniel J. Bennett. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 6b Resolution R-17-4208 A resolution establishing a Colleyville Community Garden Advisory Committee and appointing members Mayor Newton read Resolution R-17-4208 in its entirety. Mayor Newton stated the Colleyville Community Garden (CCG) has provided input to the City Council at three worksessions and this resolution allows the City Council to create a Colleyville Community Garden Advisory Committee and appoint members. Mayor Newton stated this committee will be responsible for the establishment and work of creating and maintaining a community garden, and making recommendations to the City Council. Mayor Pro Tem Lindamood stated he believes the community garden will be a good additional to the community and the park. Councilmember Coplen noted two of the appointees live at the same address and one appointee lives outside the City. Ms. Natalie Genco, 1104 John McCain, CCG, confirmed Christina Stojakovich does not live within the City. Following discussion regarding appointment to a City board, commission, or committee, Mayor Newton stated the resolution can be amended, removing Ms. Stojakovich, and leaving an appointee vacancy until the City Council can appointment a member, as board, commission, and committee members must live in the City. Councilmember Coplen stated she cannot support this resolution because a community garden is not a function of government. City Council Minutes December 5, 2017 City of Colleyville Page 8 Councilmember Nakamura stated she was not for a community garden in the beginning, but she has changed her mind and believes it will be great for the City. Councilmember Taylor asked Ms. Genco how many churches had been approached for a community garden. Ms. Genco responded none, because McPherson Park had all the amenities needed, parking, picnic areas, a tool shed, covered pavilions, and a fire station with personnel there 24 hours per day. Ms. Genco stated she did not feel any local church could offer all the amenities and a church would require a rental agreement for use of the land. Councilmember Taylor noted Mayor Newton and Ms. Genco referred regularly to the North Richland Hills community garden and pointed out the garden is not on public land. He asked Ms. Genco is she was aware of a reason the Garden Club did not offer to participate in the project. Ms. Genco replied she believed it was due to the number of projects the Garden Club already had. Mayor Pro Tem Lindamood stated he likes there is no club membership required for the community garden. Councilmember Wheat stated it is important to note the City is not spending a lot of money on the project, the CCG is creating the garden and is self-funding. There was discussion on the cost to the City. Parks Manager Heather Dowell stated the City will install the irrigation at an estimated cost of $6,500 and pay for water at an estimated cost of $1,500 annually. Councilmember Nakamura noted it is good the garden will be on the City’s property because if it falters, the City can take it back with a minimal loss. Councilmember Coplen stated she was involved in the GCISD community garden for four decades and what she learned is when the promoter goes away, so does the garden, therefore she is concerned regarding the community garden structure and is afraid the garden will go by the wayside. Councilmember Taylor stated he has several concerns, there had been a community garden public survey which did not receive a good response, only 16 people out of 20,000 responded favorably to support a community garden, he does not like having City employees - sworn personnel, listed as expected participants and guardians of a community garden because that is not their duty, the Colleyville Garden Club has not taken the project up, CCG board turnover, the original bylaws of the organization, the availability of organics, and he feels a community garden is not a function of government. Councilman Taylor stated you are now at a point, where you will make sure its successful as long as you are here, no matter what it costs, because you don’t want to see it fail, and that means you are overstepping your bounds as a government, with our tax dollars, City Council Minutes December 5, 2017 City of Colleyville Page 9 for something that can’t sustain itself, and that’s what is wrong with it Mayor. So, I just want to be clear on that. These were aired in this discussion, and we did not overlook it, but I will not be supporting it. Mayor Newton responded to Councilmember Taylor’s comments stating you made a statement at the end I would make sure it was successful not matter what it costs. This is one reason I have been so careful when speaking about this in worksessions and privately about the issue, to state this will stand on its own merit. I’ve seen the people who have spoken to us are very passionate about this and I think they deserve an opportunity to demonstrate they can do this and make it successful. You will not see me as Mayor, forcing this to be successful; you will see me as Mayor, assessing what is done and if it is being done with quality; and if it’s not, it will be terminated. I’ve said that repeatedly. Councilmember Nakamura asked Councilmember Taylor if 20,000 people had voted on a community garden. Councilmember Taylor stated this was from a survey, like the other survey’s the City conducts and the support was very low. 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-17-4208, removing the appointment of Christina Stojakovich and leaving the membership open until a later date. Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 5 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson. Nay: 2 – Councilmembers Nancy Coplen and Mike Taylor 6c Resolution R-17-4209 A resolution appointing City Councilmembers to the Audit Committee Mayor Newton read Resolution R-17-4209 in its entirety. Mayor Newton thanked the Audit Committee for their work and thanked Councilmembers for their willingness to serve the Audit Committee. Mayor Newton opened the public hearing at 8:51 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:51 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4209, appointing Councilmembers George Dodson and Kathy Wheat to the Audit City Council Minutes December 5, 2017 City of Colleyville Page 10 Committee with a term to September 2018. 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 6d Resolution R-17-4210 Approval of a resolution to replace Resolution R-16-4023 adopting the City Council Rules of Procedure Mayor Newton read Resolution R-17-4210 in its entirety. Mayor Newton stated the City Council conducted a productive visioning workshop in September and approved the strategies outlined in the report at the November 21, 2017 Worksession. This resolution allows for the requirement of newly seated Councilmembers to participate in a visioning workshop and attend training to be incorporated in the City Council’s Rules of Procedure. Councilmember Taylor stated his intention when suggesting the requirements of a visioning worksession and training was not just for newly seated Councilmembers, it was for the entire City Council to participate in a visioning session. There was discussion regarding visioning, timing of educational opportunities, number of meetings conducted by the City Council, and timelines. Mayor Newton opened the public hearing at 9:06 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:06 p.m. Mayor Newton made a motion to approve Resolution R-17-4210 with the following amendment Section 1.2: Within 90 days of being elected, City Council members shall participate in a visioning/objective worksession when called by the Mayor. Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Minutes December 5, 2017 City of Colleyville Page 11 Kathy Hadley, 204 N. Timberlane, thanked the City Council and staff for the lovely Christmas tree lighting and choirs and suggested some decorating needs to be done at MarketStreet. She stated the farmer’s market sounds nice and she is excited, but suggested big signage to get the word out. Mrs. Hadley discussed the opossums across from Bransford Elementary asked City Council to be lenient regarding fence maintenance. Mrs. Handley concluded her remarks by thanking City Council and staff for truly believing in God. 8. REPORTS Colleyville Tree Board Minutes - January 5, 2015 Zoning Board of Adjustment Minutes - September 12, 2017 There was no discussion of this item. 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 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:02 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 19TH DAY OF DECEMBER 2017. Minutes taken and prepared by: Christine Loven, TRMC City Secretary