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