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HomeMy WebLinkAboutCity Council-Minutes-1/21/2014 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, January 21, 2014 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation of the 2013 Annual Crime Report PC-2 Update on Public Infrastructure PC-3 Discuss the selection of a date for a City Council worksession to discuss the preliminary design for the Glade Road project and the development review process PC-4 Discuss the March 4, 2014 City Council meeting date PC-5 Presentation of the Monthly Financial Report - December 2013 PC-6 Discussion of the January 21, 2014, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding pending litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 January 21, 2014 City of Colleyville Page 2 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3711 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of service to a City Board, Commission, or Committee In recognition of Colleyville's featured business - Luxor Custom Jewelers, 75 Main Street, Suite 100, Waguih Guirguis, President/Owner - Mayor David Kelly and Economic Development Director Marty Wieder 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3712 4a Approval of the minutes of the regular City Council meeting of January 7, 2014 4b Approval to purchase one (1) Peterbilt Model 348 tandem axle dump truck from Rush Trucking Center, through the Texas Local Government Purchasing Cooperative (Buy Board), in an amount not to exceed $108,078, and authorize the city manager to execute the contract 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-14-1904 Consideration of a request for a zoning change from the AG- Agricultural zoning district to the PUD-C-Planned Unit Development Commercial zoning district on 2.8 acres out of the J.L. Byas Survey, Abstract 180, located at 1603 and 1605 Hall-Johnson Road, Case ZC13-020 City Council Agenda January 21, 2014 City of Colleyville Page 3 5b Ordinance O-14-1905 Consideration for approval of amendments to Chapter 3 - Land Use, Section 3.26-Fences, Free Standing Walls, and Screening Materials, of the Land Development Code, Case GC13-021 5c Ordinance O-14-1906 Consideration for approval of amendments to Chapter 8 - Plat Review Procedures of the Land Development Code, Case GC13-022 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 7. REPORTS Colleyville Sidewalks Committee Meeting Minutes - April 23, 2013 Planning and Zoning Commission Meeting Minutes - November 25, 2013 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 21, 2014 - Reading and Public Hearing - Resolution R-14-3713 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, January 17, 2014, by 5:00 p.m. Amy Shelley, TRMC City Secretary 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 City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 21, 2014 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on January 21, 2014, at 5:35 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Lieutenant Scotty Graves, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Human Resources Director Michelle Reyes, Colleyville Center Manager Leslie Hill, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Field Operations Manager Ken Tywater, Management Analyst James Hubbard, Development Engineer Dan Hartman, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Development Coordinator Mary Elliott, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. PC-1 Presentation of the 2013 Annual Crime Report Police Chief Mike Holder presented this item and briefed City Council. Mayor Kelly questioned staff regarding the Part 1 Offenses, are any offenses weighed differently than others? Chief Holder replied they are weighted exactly the same; a murder counts the same as a stolen potted plant. Mayor Pro Tem Taylor questioned staff regarding if aggravated assault is with a weapon. Chief Holder replied yes. Mayor Pro Tem Taylor questioned staff regarding if the robberies took place in commercial locations versus residential locations. Chief Holder replied yes. Councilmember Mogged questioned staff regarding if cleared means that someone was apprehended and charged with the crime. Chief Holder replied yes. Councilmember Hall questioned staff regarding the location east of Cheek-Sparger and Jackson, what caused this increase? Chief Holder replied there were a few burglaries of motor vehicles in this area. City of Colleyville Page 1 City Council Minutes January 21, 2014 Councilmember Hall stated the crime has increased in his neighborhood, because of the new construction. Councilmember Wollin questioned staff regarding the locations with no color on the exhibit. Chief Holder replied there were no offenses committed. PC-2 Update on Public Infrastructure Public Works Director Bob Lowry presented this item and briefed City Council. Councilmember Mogged questioned staff regarding the life expectancy of the pipes. Director Lowry explained the life expectancy of the different types of pipes. Councilmember Hart questioned staff regarding where the most aging lines are located. Director Lowry replied staff knows where some are located, however, not where all of them are located. Mayor Pro Tem Taylor questioned staff regarding why a water pipe has a lifespan through 30 years; however, the sewer pipes do not, especially since they do not experience the water pressure. Director Lowry stated most of the sewer pipe issues are related to tree roots. Councilmember Hart questioned staff regarding if the 99 Cent Store break happened over a period of time. Director Lowry replied yes. Councilmember Hart stated the water, a valuable resource, was lost. Director Lowry stated the break got to a point where it became an emergency repair, and therefore, left the 99 Cent Store without water for a period of time. Councilmember Mogged questioned staff regarding the cost to fix the breaks as an emergency repair versus a planned repair. Director Lowry replied it depends on the magnitude of the repair. He stated most of the time contractors are hired to fix the major repairs, since the City does not have the manpower available to fix those types of repairs. Councilmember Wollin questioned staff regarding if the five year updates to the plan could be done in-house, rather than by consultants. Director Lowry replied no, especially since the modelling will have to be adjusted; however, it will not be as expensive for the updates. Mayor Kelly questioned staff regarding if it is more economical to combine this study with the drainage plan. Director Lowry replied no, especially since it is a different methodology. Councilmember Short questioned staff regarding if this is a different level of effort compared to the Impact Fee Study for the Capital Improvement Plan. Director City of Colleyville Page 2 City Council Minutes January 21, 2014 Lowry stated the comprehensive Capital Improvement Plan (CIP) was done without the Impact Fee Study; therefore, the consultants used the best information staff could provide to them. He stated this study will put the City in a better situation for the future updates. Mayor Kelly stated staff does not know where everything is in the ground, or the quality of such. Councilmember Hart stated the City paid for a study on streets, which gave the roadmap for taking care of such. He further questioned staff regarding the cost of that study? Director Lowry replied $50-60,000. Mayor Pro Tem Taylor questioned staff regarding how they will find out exactly what is in the ground. Director Lowry then explained the technology available today using cameras for looking underground. Mayor Pro Tem Taylor questioned staff regarding if the technology will map the location and elevation of the pipes. Director Lowry explained if the equipment is calibrated to do such, yes. Mayor Pro Tem Taylor questioned staff regarding how long this study will take. Director Lowry replied approximately six months. Mayor Pro Tem Taylor questioned staff regarding if there are quality consultants available, so that this is not going to have to be done again. Director Lowry replied yes. Mayor Pro Tem Taylor questioned staff regarding if their references have been checked. Director Lowry replied yes. Mayor Pro Tem Taylor questioned staff regarding how this study will be funded. Director Lowry replied using water and sewer impact fees. Mayor Pro Tem Taylor stated having concerns for committing these funds for this study, in the event something else comes up. Director Lowry stated there are legal constraints on impact fees, which only allow for the spending of those funds on certain items. Mayor Pro Tem Taylor questioned staff regarding what these funds can be used for. Director Lowry replied these funds can pay for studies such as this, or repair, or to up-size pipes on the master plan. Mayor Pro Tem Taylor questioned staff regarding the plan for moving forward to integrate the new water and sewer lines into this existing study. Director Lowry replied developers are required to give the GPS coordinates of the lines they have installed, as well as a set of as-built plans. City of Colleyville Page 3 City Council Minutes January 21, 2014 Mayor Pro Tem Taylor questioned staff regarding if this policy is currently in place. Director Lowry replied yes. Mayor Pro Tem Taylor questioned staff regarding the modelling; will there be redundancies to allow for needs in other areas? Director Lowry replied part of the survey will determine exactly what the City has and to see if areas need to be re- routed. Mayor Kelly stated the current water system may not supply the needs required for a new subdivision, and this study will show us what is needed. Mayor Pro Tem Taylor stated for the cost of this study, it needs to be a usable document. Mayor Kelly concurred. Mayor Pro Tem Taylor questioned staff regarding if this document will be electronic. Director Lowry replied yes. Councilmember Mogged stated this appears to be a basic necessity to move forward with the City’s aging infrastructure. He questioned staff regarding if they have confidence in the consultant to provide the proper information. Director Lowry replied yes. Mayor Pro Tem Taylor questioned staff regarding if this study will have to go out for bid. Director Lowry replied no, it is a professional services agreement. Mayor Kelly questioned City Council regarding if they are comfortable with moving forward. Councilmembers concurred. Councilmember Hall questioned staff regarding if the new street software has been demonstrated to City Council. Director Lowry replied no, however, staff can provide updated information to City Council early to late summer. PC-3 Discuss the selection of a date for a City Council worksession to discuss the preliminary design for the Glade Road project and the development review process PC-4 Discuss the March 4, 2014 City Council meeting date Mayor Kelly discussed items PC-3 and PC-4 at the same time. He stated the worksession could count as a regular meeting. Councilmember Mogged questioned staff regarding if the moving of the meeting would effect any zoning cases. City Manager Jennifer Fadden explained there is one zoning case due for a second reading on March 4; however, this case is going to be re-noticed anyway, since the applicant has requested a delay. City of Colleyville Page 4 City Council Minutes January 21, 2014 Councilmembers agreed that Monday, March 3, 2014 would work for a worksession date. PC-5 Presentation of the Monthly Financial Report - December 2013 There was no discussion needed for this item. PC-6 Discussion of the January 21, 2014, City Council regular agenda items Mayor Kelly questioned staff regarding if staff has had the opportunity to review the exhibit for item 5a. Fire Chief Brian Riley replied he has not had an opportunity to review the exhibit. Mayor Kelly suggested continuing item 5a to the next meeting to allow staff the opportunity to review the exhibit. Councilmembers concurred. Mayor Kelly adjourned the Pre Council meeting at 6:33 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:55 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian Riley, Code Enforcement Officer Ky Roby, Economic Development Director Marty Wieder, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Planning and Development Coordinator Mary Elliott, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding pending litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities City of Colleyville Page 5 City Council Minutes January 21, 2014 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 Kelly 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. The meeting was recessed at 6:33 p.m. and reconvened at 6:34 p.m. INVOCATION: Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3711 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 Kelly announced the State of the City event to be held on Thursday, January 23, 2014 at Colleyville Center. Mayor Kelly stated the deadline for the 2014 Citizen Survey is January 31, 2014. Recognition of service to a City Board, Commission, or Committee Mayor Kelly recognized Jennifer Bosley and Deena Dendy for service on City committees. In recognition of Colleyville's featured business - Luxor Custom Jewelers, 75 Main Street, Suite 100, Waguih Guirguis, President/Owner - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly and Economic Development Director Marty Wieder recognized Luxor Custom Jewelers as the featured Colleyville business. Mr. Guirguis thanked Mayor Kelly and Director Wieder. City of Colleyville Page 6 City Council Minutes January 21, 2014 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3712 4a Approval of the minutes of the regular City Council meeting of January 7, 2014 4b Approval to purchase one (1) Peterbilt Model 348 tandem axle dump truck from Rush Trucking Center, through the Texas Local Government Purchasing Cooperative (Buy Board), in an amount not to exceed $108,078, and authorize the city manager to execute the contract Mayor Kelly read Resolution R-14-3712 in its entirety. Mayor Pro Tem Taylor questioned staff regarding the credit listed in the price quotation for the dump truck body. Public Works Director Bob Lowry stated the credit is for the allowance of a smaller truck and there are other minor modifications. He further explained the need for a smaller truck versus the need for a larger truck. Councilmember Mogged stated he would like the minutes to clarify the “white paper” listed for PC-1 to reflect that he would like this document to be reviewed by City Council prior to its release to the general public. Mayor Kelly opened the public hearing at 8:12 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:12 p.m. Mayor Pro Tem Taylor moved to approve Resolution R-14-3712 with the correction to the minutes. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-14-1904 Consideration of a request for a zoning change from the AG- Agricultural zoning district to the PUD-C-Planned Unit Development Commercial zoning district on 2.8 acres out of the J.L. Byas Survey, Abstract 180, located at 1603 and 1605 Hall-Johnson Road, Case ZC13-020 Mayor Kelly read the caption of Ordinance O-14-1904 in its entirety. City of Colleyville Page 7 City Council Minutes January 21, 2014 Community Development Director Ron Ruthven presented this item and briefed City Council. He stated staff has not had an opportunity to review the additional plan submitted today; therefore, City Council may consider continuing this item to the next meeting for the allowance of time for staff’s review. Mayor Kelly opened the public hearing at 8:20 p.m. Thomas Monks, 1603 Hall-Johnson Road, came forward to present this item and brief City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:22 p.m. Mayor Kelly stated staff has not had time to review the new fire lane exhibit. Director Ruthven concurred. Mayor Kelly suggested this item should be continued to the next City Council meeting to allow for the staff to review the exhibit. Mayor Kelly moved to continue Ordinance O-14-1904 to the February 4, 2014 City Council meeting. Councilmember Hall seconded the motion. Mayor Pro Tem Taylor stated the future use of the City’s property will need to be reviewed, especially since the CIP outlines a new maintenance facility. Mayor Kelly stated the proposed ordinance does not require the paving of the access between the City’s property and the subject property. Director Ruthven concurred. City Manager Jennifer Fadden explained the City’s property has been reviewed at length and certainly at some point staff will be prepared to discuss this with City Council. She stated there will forever need to be access to the elevated storage tank on the City’s property. She stated the long term implications of the City’s property will need to be discussed, perhaps more appropriately in Executive Session. The motion to continue carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 5b Ordinance O-14-1905 Consideration for approval of amendments to Chapter 3 - Land Use, Section 3.26-Fences, Free Standing Walls, and Screening Materials, of the Land Development Code, Case GC13-021 City of Colleyville Page 8 City Council Minutes January 21, 2014 Mayor Kelly read the caption of Ordinance O-14-1905 in its entirety. Mayor Kelly opened the public hearing at 8:28 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:28 p.m. Mayor Kelly moved to approve Ordinance O-14-1905. Councilmember Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 5c Ordinance O-14-1906 Consideration for approval of amendments to Chapter 8 - Plat Review Procedures of the Land Development Code, Case GC13-022 Mayor Kelly read the caption of Ordinance O-14-1906 in its entirety. Mayor Kelly opened the public hearing at 8:29 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:29 p.m. Mayor Kelly moved to approve Ordinance O-14-1906. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Julia Rowland, 5900 Hunter Trail, spoke in opposition to the recent approved rezoning request at One, Two, and Three Country Way with concerns for drainage. Bobby Lindamood, 4913 Jim Mitchell Trail West, spoke in opposition to the Glade Road project. 7. REPORTS Colleyville Sidewalks Committee Meeting Minutes - April 23, 2013 Planning and Zoning Commission Meeting Minutes - November 25, 2013 City of Colleyville Page 9 City Council Minutes January 21, 2014 There was no discussion of this item. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 21, 2014 - Reading and Public Hearing - Resolution R-14-3713 This resolution was not needed. 9. ADJOURNMENT There being no further business before the City Council, Councilmember Mogged moved to adjourn, and Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Mayor Kelly adjourned the City Council meeting at 8:37 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 4TH DAY OF FEBRUARY 2014. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 10