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HomeMy WebLinkAboutCity Council-Minutes-4/19/2016 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, April 19, 2016 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion and update on the Glade Road Phase 1 Project PC-2 Presentation and update on the SH26 Phase II Reconstruction Project PC-3 Discussion of the April 19, 2016, 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 and legal advice from the attorney regarding the City's regulation of alcoholic beverages ordinance and ratio Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Lincoln et al v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Jane Doe v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville City Council Agenda April 19, 2016 City of Colleyville Page 2 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-3980 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of the Colleyville Garden Club Promenade Garden Tour, May 3, 2016 - Colleyville Garden Club President Diane Connor In recognition of Colleyville's featured business - Which Wich, Justin Bess, Store Manager, 5509 Colleyville Boulevard, Suite 270 - Mayor David Kelly and Economic Development Director Marty Wieder 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3981 4a Approval of the minutes of the regular City Council meeting of April 5, 2016 4b Approval of the Colleyville Public Library Long-Range Plan 2016 - 2021 City Council Agenda April 19, 2016 City of Colleyville Page 3 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1978 Consideration of a zoning change from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district in Abstract 1176 of the J.J. Newton Survey, and being a portion of Lot 1R-A, Block 1, Kay’s Circle B Bar K Ranch Addition, located at 5700 Winnie Drive, Case ZC15-022 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-3982 Authorizing the abandonment of a portion of the public alley located in the Village at Colleyville development, and authorizing the city manager to execute the abandonment documents 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Planning and Zoning Commission Meeting Minutes - March 14, 2016 Parks and Recreation Advisory Board Meeting Minutes - January 11, 2016 Monthly Financial Report - March 2016 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 19, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3983 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 15, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary City Council Agenda April 19, 2016 City of Colleyville Page 4 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, April 19, 2016 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on April 19, 2016, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Nancy Coplen Absent: Councilmember Chris Putnam City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Communications and Marketing Director Mona Gandy, Accounting Manager Karen Hines, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Economic Development Director Marty Wieder, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley PC-1 Discussion and update on the Glade Road Phase 1 Project Public Works Director Jeremy Hutt presented this item and answered questions of the City Council. Chad Gartner, TranSystems was also present to answer questions of the City Council. Parks Manager Heather Dowell presented this item relative to trees along the roadway. Councilmember Mogged asked staff about the existing or proposed sidewalks located in the Bransford/Glade Road area. Director Hutt replied there are sections of existing sidewalks where the width may be increased. Councilmember Mogged asked staff if the sidewalk on the west side of Bransford Road currently exists. Director Hutt replied this section is a remainder of the original development, and staff will seek a pedestrian access easement for that particular section. Councilmember Coplen asked staff if that area is owned by the City. Director Hutt replied the actual corner clip is a remainder of a larger development, and with a preliminary title search, it is a remainder of a tract, or unclaimed piece of property. He added staff will seek to clarify the parcel documents. City Council Minutes April 19, 2016 City of Colleyville Page 2 Councilmember Coplen asked Mr. Gartner about the size of the sidewalk on the north side. Mr. Gartner replied eight foot. Councilmember Mogged asked staff if we are counting all caliper inches of trees, six inches and above, and heritage trees. Director Hutt replied these numbers reflect the trees in direct conflict of the proposed improvements, such as a curb line, storm drain, or sidewalk placement. Councilmember Mogged asked staff if all trees are included regardless of size. Director Hutt replied all trees have been included, but the preservation of trees will be discussed later. Councilmember Coplen asked staff if these are the trees that are possibly or perhaps going to be removed, but not necessarily. Director Hutt replied these trees have been identified as being in direct conflict with the proposed improvements. Councilmember Mogged stated not being sure the question about heritage trees had been addressed. Mayor Kelly stated heritage trees are to be considered for preservation, as outlined in the original proposal. Councilmember Wollin asked staff what the circled numbers mean. Director Hutt replied those are identifiers. City Manager Jennifer Fadden stated those are parcel identifiers. Councilmember Short asked staff if the sidewalk, on both sides of Bransford Road, will be extended. Director Hutt replied there is an existing sidewalk which will be extended to the limits of the project. Councilmember Short asked Mr. Gartner how the sidewalk will get across the creek. Mr. Gartner replied the box culverts will be extended to the north enough to accommodate the sidewalk and the roadway taper. Councilmember Mogged asked staff about the roadway taper to the west, much like the one that narrows at Heritage Avenue and Glade Road. Director Hutt explained the difference between the movements of cars between the two areas, given one has the queuing from a red light, and one has the queuing from a stop sign. Councilmember Mogged asked Mr. Gartner if this design of this intersection (Bransford/Glade Road) was included in the rating of the intersection. Mr. Gartner replied it was added as part of the previous discussion. Councilmember Mogged asked about the two parcels affected by the right-of-way on the north side of Glade Road across from Glade Creek Drive. Director Hutt replied the additional right-of-way is needed for drainage to function properly. City Council Minutes April 19, 2016 City of Colleyville Page 3 Councilmember Short asked staff if the right-of-way or easement was acquired at Bedford Road. Director Hutt replied staff coordinated with the adjacent development to advise them of this project moving forward; therefore, the building is placed back to accommodate this configuration. He stated at that time, the developer was not required to dedicate the right-of-way. Councilmember Mogged asked staff if the left-turn lane at Glade Road and Stafford is the driving factor for right-of-way. Director Hutt replied that is part of it, the pedestrian improvements and parkway are also factors. Councilmember Mogged asked Mr. Gartner if additional right-of-way would be needed if the left-turn lane was eliminated. Mr. Gartner replied the left-turn lane was added for Stafford, but there is a three lane section as you approach Riverwalk from Bluebonnet; therefore, this accommodates the widening of the road for that approach. Councilmember Mogged asked Mr. Gartner if it is necessary to start the third lane so far to the east if there was no turn lane. Mr. Gartner replied if there were no turn lane, it could be started further to the west. Councilmember Coplen asked Mr. Gartner about the size of the sidewalk on the north side. Mr. Gartner replied it is 10 feet where it can be, but on the north side it varies between six and eight feet to minimize the impact. Councilmember Coplen asked Mr. Gartner if the sidewalk is next to the curb. Mr. Gartner replied it is close. Councilmember Coplen asked Mr. Gartner if the median will be flat for the Stafford traffic turning left onto Glade Road. Mr. Gartner replied the median will not be raised. Councilmember Coplen asked staff about the relationship with the resident at the corner of Stafford and Glade Road. Director Hutt replied staff had some earlier conversations with them. Mayor Pro Tem Taylor stated he would like the tree information included in the comparison statistics chart so that tree totals are tracked as well. Mayor Pro Tem Taylor asked staff if full depth reclamation only addresses the existing width of pavement. Director Hutt replied correct. Mayor Pro Tem Taylor asked staff if full depth reclamation changes geometry, stormwater drainage improvements, or sidewalks. Director Hutt replied no. City Council Minutes April 19, 2016 City of Colleyville Page 4 Councilmember Short asked Mr. Gartner if construction costs have changed since the original design. Mr. Gartner replied over two years there has been an average increase of 18 percent, with some items being up 25 percent. Mayor Kelly asked staff about the approximate time for the contract bid. Director Hutt replied there are some outstanding items, such as right-of-way acquisition and utility relocates. He added once the roundabout at Bransford/Glade Road was removed, the utility companies were not working with the summer timeline, they then stated they would get to us when they could. Mayor Pro Tem Taylor asked staff if we have identified the utility providers along the roadway. Director Hutt replied staff has monthly meetings with the utility franchises to discuss the updates on all projects in Colleyville. Mr. Gartner added that all utility companies have been provided subservice utility information to ensure all are on the same page. Councilmember Wollin asked staff if the vertical mulching requires more water. Parks Manager Dowell replied it does not require more water to do this, just air alone, but it does great for the water later, as this allows the water to better penetrate the root system to carry nutrients. Councilmember Wollin asked staff if the contractor will actually sign off on the Pre- Construction efforts relative to tree conservation. Parks Manager Dowell replied when they sign the contract. Director Hutt added staff will incorporate some language into the contract to indicate the tree conservation requirements and expectations. Councilmember Coplen asked staff if they would be providing the protective fencing on private properties. Director Hutt replied there will be a combination of fencing, but on the priority area of trees, the chain link fencing would be installed. Councilmember Coplen asked staff if they will be working with the property owners in the placement of the fencing. Director Hutt replied yes, the contractor will be responsible for the orange protective fencing; however, staff will be providing the chain link fencing as we do not want to rely on the contractor to be the tree expert. Mayor Kelly stated no one has the right to park on private property without a temporary construction easement. Mayor Pro Tem Taylor said he thought tree protection methods had been allocated in the project. Mayor Kelly stated City Council wanted to look at the measures so those costs could be allocated in the budget. City Council Minutes April 19, 2016 City of Colleyville Page 5 Mayor Pro Tem Taylor stated this may be a way to use the tree voucher program, as a permanent program, for Arbor Day. Mayor Kelly stated we used to do this, and would match up to a certain amount. Mayor Kelly asked City Council if they are good with looking at these additional tree protective measures. All agreed. Parks Manager Dowell stated approximately $200,000 of additional funding would be needed for these tree preservation measures, worst case scenario. Mayor Kelly asked City Council, again, if they are good with looking at the additional tree protective measures. All agreed with $200,000 being the maximum. Councilmember Coplen asked if this includes all trees within all phases of the project. City Council replied this only includes Phase 1. Mayor Pro Tem Taylor encouraged using common sense in using the measures for each tree. He stated we also need to replant. Councilmember Short asked Mr. Gartner if we are expecting utility relocations, and if so, will trees be part of that consideration. Mr. Gartner replied yes, there will be utility relocations along the corridor, but not all have been identified. Director Hutt added underground power lines have not been considered; therefore, there may be times in which trees interfere with power lines. He added staff will coordinate with Oncor to ensure all options or opportunities have been addressed relative to impacts. PC-2 Presentation and update on the SH26 Phase II Reconstruction Project SH26 Coordinator James Hubbard and Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Pro Tem Taylor asked staff if the 944 residences are throughout the City, or just along the corridor. SH26 Coordinator Hubbard replied those are within 500 feet of the corridor. Mayor Pro Tem Taylor asked staff if 81 homeowner associations were notified. SH26 Coordinator Hubbard replied yes. Mayor Pro Tem Taylor asked if the Google video is available for everyone. SH26 Coordinator Hubbard replied it is not available online, but he stated he could work with the Information Systems department to coordinate the upload. He stated it is currently a layer built into our mapping system, overlaid on the Google Earth platform. City Council Minutes April 19, 2016 City of Colleyville Page 6 Mayor Kelly asked staff about the text message option. SH26 Coordinator Hubbard replied they are locked in for future messages, but can also opt out for receiving messages at any time. Councilmember Short asked staff if they have received any requests for economic development incentives for cross access. SH26 Coordinator Hubbard replied staff has not received any, and they are still working through those items and mechanisms. Mayor Pro Tem Taylor asked staff what would happen if City Council does not approve the additional necessary funding. Director Hutt replied TxDOT would not release the funds they currently have established. Councilmember Mogged asked staff, if we had approached this the same way the northern end was done, we would be looking at a $4 million dollar bill. Director Hutt replied correct. Councilmember Mogged stated in reality that is a 90 percent reduction in what it could have been. Director Hutt agreed. Mayor Kelly asked staff if the advanced funding agreement would be the final documents about the funding mechanisms, such as federal, state, and local agreements, outside of the Turnback agreement, that have to be signed off on from everybody. Director Hutt replied the memorandum of understanding was done through local parties, the AFA does not address the Turnback parameters. He stated the AFA does establish the funding requirements. He stated Tarrant County has processed their funding agreement, and this is the actual contractual document to use. Mayor Kelly asked staff if we process the payment to them based on when TxDOT signs off on it. Director Hutt replied correct, but they are asking for the executed version and the check, at this time. Mayor Kelly stated it could be eight or nine months before TxDOT signs off on the agreement. Councilmember Short asked staff if TxDOT will be paying their contractor all up front. Director Hutt replied no. Mayor Pro Tem Taylor asked staff if the funding for this project is coming from TIF funds. Director Hutt replied correct. Mayor Pro Tem Taylor asked staff if there is enough TIF revenue to allow us to stay in the positive, even with the overages. Director Hutt replied currently there are sufficient TIF funds available to cover Phase 1 of the Glade Road project and this project. City Manager Jennifer Fadden added we are anticipating funding our obligations for the SH26 project out of the capital project fund. She stated at the end of the previous two fiscal years, the additional revenue over expenditures was moved to this fund in anticipation of funding the enhancements along SH26. She City Council Minutes April 19, 2016 City of Colleyville Page 7 stated we still need to fund the enhancements such as street lights. She stated there is adequate funding for this purpose, and it will continue to accrue. Mayor Pro Tem Taylor asked staff if there will be no debt. City Manager Jennifer Fadden replied correct. PC-3 Discussion of the April 19, 2016, City Council regular agenda items Mayor Kelly asked staff about item 5a being changed from the original request of R-20 to now a PUD-R with the proposed site plan; however, there are out-parcels which may need to be brought into the site plan, does it require any additional notice. City Attorney Matthew Boyle replied no matter which route is taken, either the straight zoning to R-20 or PUD-R, the only properties that are subject to the rezoning are the original 13 acres, which were subject to the case of the Planning and Zoning Commission. He stated for reference purposes and addressing the development in its totality, the draft PUD-R ordinance includes an exhibit which includes all 18 acres. He stated even if the PUD-R ordinance is adopted, and uses the current exhibit, only the 13 acres is being rezoned. He stated there is a condition of the ordinance that states the totality of the development should be generally consistent with that exhibit, as shown before the Planning and Zoning Commission. He stated this case has been noticed in full compliance with Chapter 211 of the Local Government Code. Mayor Kelly asked staff if the same thing can be done for the platting process, because it is going to be a gated community, or will it need to be brought back to City Council, in terms of any changes, and attached to the plat, such as the cul- de-sac or landscaping requirement, or the narrower lot on the corner. City Attorney Matthew Boyle replied the current standard in the draft ordinance is that the development should be generally consistent with Exhibit C. Mayor Kelly asked staff if the plat application has been submitted. Community Development Director Abra Nusser replied the developer has submitted revisions to their plat application that are generally consistent with the exhibit, and it requires review by staff. City Attorney Matthew Boyle added even if they have formally submitted the plat application, in the context of a straight zoning ordinance, they would have the legal ability to amend that plat with a straight R20 zoning. He also added the standard review on plat applications is ministerial; however, the review on zoning cases is legislative with full discretion. Mayor Kelly asked staff if plats with gated subdivisions is legislative. City Attorney Matthew Boyle replied City Council has the discretion of gated communities. Mayor Kelly adjourned the Pre Council meeting at 7:05 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:50 p.m. City Council Minutes April 19, 2016 City of Colleyville Page 8 ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Nancy Coplen Absent: Councilmember Chris Putnam City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Communications and Marketing Director Mona Gandy, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Economic Development Director Marty Wieder, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, 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 and legal advice from the attorney regarding the City's regulation of alcoholic beverages ordinance and ratio Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Lincoln et al v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Jane Doe v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business City Council Minutes April 19, 2016 City of Colleyville Page 9 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, 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. The meeting was recessed at 7:06 p.m. and reconvened at 9:06 p.m. INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-3980 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 annual Old Tyme BBQ will be held on Friday, April 29 from 5:00 p.m. to 11:00 p.m., and Saturday, April 30 from 11:00 a.m. to 6:00 p.m., at Colleyville Center, 5301 Riverwalk Drive. He encouraged all to come out and enjoy the event. Proclamation in recognition of the Colleyville Garden Club Promenade Garden Tour, May 3, 2016 - Colleyville Garden Club President Diane Connor Mayor Kelly presented a proclamation to Colleyville Garden Club President Diane Connor, and Garden Club members: Promenade Chair MaryAnn Nicholson, Anita Barnwell, Nancy Coplen, Kathy Hadley, Noelle Harnden, and Carol Wollin, in recognition of the Colleyville Garden Club Promenade Garden Tour, Sunday, May 3, 2016. President Connor thanked the Mayor and City Council. In recognition of Colleyville's featured business - Which Wich, Justin Bess, Store Manager, 5509 Colleyville Boulevard, Suite 270 - Mayor David Kelly and Economic Development Director Marty Wieder City Council Minutes April 19, 2016 City of Colleyville Page 10 Mayor Kelly and Economic Development Director Marty Wieder recognized Justin Bess, Store Manager, Which Wich, as the featured business of the month. Mr. Bess expressed his appreciation to the City of Colleyville for their recognition. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3981 4a Approval of the minutes of the regular City Council meeting of April 5, 2016 4b Approval of the Colleyville Public Library Long-Range Plan 2016 - 2021 Mayor Kelly read Resolution R-16-3981 in its entirety. Recreation and Library Director Mary Rodne presented and briefed City Council on item 4b. Mayor Kelly opened the public hearing at 8:05 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:05 p.m. Councilmember Wollin made a motion to approve Resolution R-16-3981. Councilmember Mogged seconded the motion. Mayor Pro Tem Taylor encouraged citizens to review the Library Long-Range Plan 2016-2021 on colleyville.com. The motion to approve carried by the following vote: Aye: 6 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Nancy Coplen Absent: Councilmember Chris Putnam 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1978 Consideration of a zoning change from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district in Abstract 1176 of the J.J. Newton Survey, and being a portion of Lot 1R-A, Block 1, Kay’s Circle B Bar K Ranch Addition, located at 5700 Winnie Drive, Case ZC15-022 Mayor Kelly read the caption of Ordinance O-16-1978. City Council Minutes April 19, 2016 City of Colleyville Page 11 Community Development Director Abra Nusser presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 8:10 p.m. Curtis Young and Chas Fitzgerald, applicants, presented this item and briefed the City Council. Kathy Hadley, 204 N. Timberline Drive, spoke in opposition of this request with concerns of higher density; increased traffic; and the loss of the rural country feel. Frederick Tate, 5605 Winnie Drive, spoke in support of this request, and liked the emergency access gate only option. Douglas Boston, 5606 Winnie Drive, spoke in support of this request, and stated a hammer-head turnaround would work. Carolyn Hellment-Green, 5604 Winnie Drive, spoke in support of this request, and liked the emergency access gate only option. Revvie Green, 5604 Winnie Drive, spoke in support of this request. The following persons did not wish to speak, but wished to register their support: Ellen Boston, 5606 Winnie Drive; Robert and Claudia Cash, 5601 Winnie Drive; Thai Tran, 5603 Winnie Drive Mayor Kelly closed the public hearing at 8:25 p.m. Mayor Pro Tem Taylor asked Mr. Young what advantage there is to go from a cul- de-sac to a hammer-head. Mr. Young replied the setback would be greater with a cul-de-sac street; a hammer-head would be considered an easement and work as a driveway, with a normal setback. Mayor Pro Tem Taylor asked Mr. Young what the purpose of the most northeastern parcel, which is not included in the zoning request, is. Mr. Young stated the parcel will front on Bransford Road, remain an estate lot, and will not be a part of the HOA. Councilmember Mogged asked Mr. Young if the 15,000 square foot lot is outside of the perimeter fencing. Mr. Young replied that lot will get its access from Bransford Road, and will not be going through the gate to get to the lot, and will not have access through the rear. Councilmember Mogged asked Mr. Young if the three lots, inside the peninsula, will be inside the fencing. Mr. Young replied yes. City Council Minutes April 19, 2016 City of Colleyville Page 12 Councilmember Mogged asked Mr. Young about the actual gate from Bransford Road. Mr. Young replied the gate will be a third of the way down from Bransford Road, along the driveway entrance, and per the code requirements. Mayor Kelly asked staff if City Council has the discretion to go from an R-20 request to a PUD-R arrangement. City Attorney Matthew Boyle replied City Council is under two general limits. The first being Chapter 211 of the Local Government Code requires, as a prerequisite to City Council considering a zoning case, the public has to be given advanced written notice of the scope and intent of the zoning change. He stated the proposed scope and intent of this zoning change was noticed as to the 13.3 acres and a change from AG zoning to R20 zoning. Any zoning category or zoning designation that is at R20 or anything less intensive than R20 falls within the notice provisions as required by Chapter 211 of the Local Government Code. Secondly, you have a provision in the Land Development Code that requires two things before a case can be considered, one being the public notice, and two, the recommendation and report from the Planning and Zoning Commission, of which you have. So here, if you were to consider a PUDR, instead of a straight R20 zoning, is there a legal obligation to go back to the Planning and Zoning Commission, and Section 1.18B7 of the Land Development Code provides, “The City Council may refer any amended rezoning request back to the Planning and Zoning Commission for further study and recommendation.” He stated the key word in this is “may”, which means it is not mandatory. The City Council is not required or obligated to send this back to the Planning and Zoning Commission under any state law or the Land Development Code. Mayor Kelly asked staff if the proposed density (1.8 dwelling units per gross acre) complies with the comprehensive plan, and if R-20 is generally consistent of what Colleyville is about. Director Nusser replied correct. Mayor Kelly asked staff if the proposed development density is at 1.3 dwelling units per gross acre. Director Nusser replied yes. Mayor Kelly asked staff if the proposed density is less than the comprehensive plan, the guiding document. Director Nusser replied it is less than the maximum. Mayor Kelly asked staff if the proposed lots are greater than R20, in terms of 20,000 square feet. Director Nusser replied correct. Mayor Kelly asked staff if the surrounding developments are zoned similar to R20. Director Nusser replied the subject property is completely surrounded by R20. Mayor Kelly asked staff if the cul-de-sac design is used because vehicles do not have to back up like with a hammer-head design. Fire Chief Brian Riley agreed, and stated the hammer-head design can potentially turn into a parking space. City Council Minutes April 19, 2016 City of Colleyville Page 13 Mayor Pro Tem Taylor asked Mr. Young if the hammer-head will also serve as a driveway. Mr. Young replied sometimes the hammer-head is a natural place to place the driveway. Mayor Pro Tem Taylor asked Mr. Young what happens when the hammer-head is occupied. Mr. Young replied the driveway itself would be longer, and parking can also take place in a cul-de-sac, but emergency vehicles could open the gate. Mayor Pro Tem Taylor asked Mr. Young if they could do either the cul-de-sac or hammer-head option. Mr. Young replied they would like to work it out, but they could build either one. Mayor Kelly asked staff about the northern green space area in terms of the concern or purpose with staff’s direction. Director Nusser replied the reserve strips are prohibited by the Land Development Code. She stated there are times when private streets are converted back to public streets, and staff would like to prohibit any future access concerns to the subdivision in the event the streets are converted back to public streets. She added staff was trying to have the developer provide an exhibit as close to code compliance as possible. Mayor Kelly asked staff if the developer could landscape that strip. Director Nusser replied sure. Mayor Kelly asked staff if there is no dedication of a driveway on their strip of property, in terms of future development. Director Nusser replied if the development is approved as a private development, future connections would not be able to connect. Councilmember Mogged asked staff if there are any other requirements moving from R-20 zoning to PUD-R zoning that would need to be addressed. Director Nusser replied the applicant has revised the statement of planning objectives to graze the PUD-R requirements. She stated staff does not have elevation drawings that are typically received with a PUD-R; however, they have provided some architectural standards they are willing to lock in to satisfy the intent. She stated the minimum open space percentage is not in compliance, but, other than that it is generally compliant. She stated signage for the development has not been submitted, but in this case, the subdivision signage is not within the limits of this PUD-R. She added the applicant has indicated signage will be submitted. Councilmember Mogged stated this is essentially a hybrid development because it is partially a PUD-R and R-20. Mayor Kelly asked staff if the landscaping requirements with the neighbor have been incorporated in the general language. Director Nusser replied yes and added there are some items in the statement of planning objectives that were not included in the draft ordinance due to enforceability concerns. City Council Minutes April 19, 2016 City of Colleyville Page 14 Mayor Kelly asked staff if the open space percentage is currently at 14.4 percent. Director Nusser replied yes. Mayor Kelly asked staff if general language exists to incorporate the other items not included in the draft ordinance. Director Nusser replied yes, all items staff has deemed enforceable have been included in the draft ordinance. Mayor Kelly made a motion to approve Ordinance O-16-1978 as a PUDR. Councilmember Mogged seconded the motion. Councilmember Wollin stated she appreciates the language in the draft ordinance under Section 4.15 which states, “Home sites shall not be mass graded to reserve as many existing trees as possible.” Mayor Kelly asked staff if the site plan is incorporated as one of the exhibits. Director Nusser replied it is Exhibit C. The motion to approve carried by the following vote: Aye: 6 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Nancy Coplen Absent: 1 – Councilmember Chris Putnam 6.RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-3982 Authorizing the abandonment of a portion of the public alley located in the Village at Colleyville development, and authorizing the city manager to execute the abandonment documents Mayor Kelly read Resolution R-16-3982 in its entirety. Public Works Director Jeremy Hutt presented this item and briefed the City Council. Mayor Kelly asked staff why this was not a part of the development. Director Hutt replied there was a large electric transformer in this location that was removed about two years ago. Mayor Kelly opened the public hearing at 8:45 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:45 p.m. City Council Minutes April 19, 2016 City of Colleyville Page 15 Mayor Pro Tem Taylor asked staff if this is only the shaded area on the exhibit. Director Hutt replied yes, it is approximately 300 square feet, and a four foot utility easement that will be retained along the alleyway. Councilmember Short asked staff if this will leave a square corner, or right-of-way with a radius of some sort. Director Hutt replied there will be a square corner, but there is sidewalk, as the actual radius is further down the alleyway. He stated Lot 16 separates Lot 17 in the alleyway. Councilmember Short asked staff if this is pedestrian access through there. Director Hutt replied yes. Mayor Kelly made a motion to approve Resolution R-16-3982. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Nancy Coplen Absent: 1 – Councilmember Chris Putnam 7.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Claudia Bevill, 119 Cheek-Sparger Road, spoke regarding the Welcome brochure referenced at the meetings, and asked City Council to remove certain language from the brochure. Kathy Hadley, 204 N. Timberline Drive, spoke about an old tree in Colleyville to be preserved, and stated the Garden Club planted bluebonnets on Bluebonnet Drive, but no bluebonnets have been blooming. 8.REPORTS Planning and Zoning Commission Meeting Minutes - March 14, 2016 Parks and Recreation Advisory Board Meeting Minutes - January 11, 2016 Monthly Financial Report - March 2016 There was no discussion of this item. 9.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 19, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3983 This resolution was not needed. City Council Minutes April 19, 2016 City of Colleyville Page 16 10.ADJOURNMENT There being no further business before the City Council, Councilmember Coplen motioned to adjourn and Mayor Kelly seconded. Mayor Kelly adjourned the meeting at 8:54 p.m. Mayor Kelly reconvened the executive session at 9:06 p.m. Mayor Kelly adjourned the executive session at 9:33 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 3RD DAY OF MAY 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary