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HomeMy WebLinkAboutCity Council-Minutes-10/18/2016 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, October 18, 2016 JOINT CITY COUNCIL AND WATER AND WASTEWATER RATE ADVISORY COMMITTEE WORKSESSION 5:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR EXECUTIVE SESSION 6:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER 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 City Attorney regarding City Developer Agreement 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 Attorney 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 OLYMPIAN RECEPTION 7:00 P.M. FRONT STEPS OF CITY HALL City Council Agenda October 18, 2016 City of Colleyville Page 2 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Associate Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: Assistant City Attorney Ben Stool 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4043 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of a $500 donation to the Colleyville Fire Department from Atmos Energy, Tommy Clark, Atmos Energy Operations Supervisor - Mayor Richard Newton and Fire Chief Brian Riley Presentation of the Outstanding Community Partner Award from Safe Kids - Mayor Richard Newton, Fire Chief Brian Riley and Emergency Management Coordinator Kenny Phillips In recognition of Colleyville's Featured Business of the Month - Village Lane Apothecary, 60 Village Lane, Store Manager Sarah Pruett - Mayor Richard Newton and SH26 Project Coordinator James Hubbard 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4044 4a Approval of the minutes of the regular City Council meeting of October 3, 2016 4b Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Cheek-Sparger Road and Bedford Road, and authorize the city manager to execute the agreement 4c Approval of the use of the Voluntary Library Fund in Fiscal Year 2017 (FY 2017), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $155,000 4d Approval of an Interlocal Agreement between the cities of Colleyville, Bedford, and Watauga for insurance broker services, and authorize the city manager to execute the agreement City Council Agenda October 18, 2016 City of Colleyville Page 3 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1993 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 5b Ordinance O-16-1994 Consideration of a zoning change from the AG-Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16- 014 5c Ordinance O-16-1995 Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4045 Approval of a City-Developer Agreement with M/I Homes of DFW, LLC for the reimbursement of the construction costs of the waterline connection associated with the Creekside at Colleyville Development - Phase 5, and authorize the city manager to execute the agreement 6b Resolution R-16-4046 Approval of a City-Developer Agreement with Mainvue Tx, LLC, for the reimbursement of the construction costs of the waterline along Cheek-Sparger Road associated with the Creekside at Colleyville Development - Phase 3, and authorize the city manager to execute the agreement 6c Resolution R-16-4047 Approval of a resolution stating City Council's desire to hold joint worksessions/meetings with the Grapevine-Colleyville Independent School District (GCISD) Board of Trustees 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Agenda October 18, 2016 City of Colleyville Page 4 8. REPORTS Planning and Zoning Commission Meeting Minutes - September 12, 2016 Zoning Board of Adjustment Meeting Minutes - September 13, 2016 Monthly Financial Report - September 2016 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 18, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16- 4048 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 14, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 18, 2016 City Council Chambers Mayor Richard Newton called the Executive Session of the Colleyville City Council to order on Tuesday, October 18, 2016, at 6:32 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor. Absent: Councilmember Tammy Nakamura City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Police Services Lieutenant Hillary Wreay, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Brian Hogan, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Accounting Manager Karen Hines, Parks Manager Heather Dowell, Information Systems Manager Chris Pena, Assistant City Attorney Ben Stool, 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 City Attorney regarding City Developer Agreement 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 Attorney 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 Minutes October 18, 2016 City of Colleyville Page 2 Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.074 Personnel, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The executive session was adjourned at 6:40 p.m. OLYMPIAN RECEPTION 7:00 P.M. FRONT STEPS OF CITY HALL RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS Mayor Richard Newton called the regular meeting of the Colleyville City Council to order on Tuesday, October 18, 2016, at 7:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen and Mike Taylor. Absent: Councilmember Tammy Nakamura INVOCATION: Associate Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: Assistant City Attorney Ben Stool 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-16-4043 Mayor Newton read Resolution R-16-4043 in its entirety. Councilmember Taylor expressed his appreciation to the current attorney firm and their service to the City of Colleyville. Mayor Newton agreed. Mayor Newton opened the public hearing at 7:34 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:34 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4043 and Councilmember Lindamood seconded the motion. The motion carried with the following vote: City Council Minutes October 18, 2016 City of Colleyville Page 3 Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Councilmember Tammy Nakamura 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton stated the Olympian Homecoming reception was a success, and that both Olympians are outstanding people. Councilmember Coplen expressed her appreciation to Communications and Marketing Coordinator Dustin Dangli for his efforts in putting together the ceremony. Councilmember Coplen announced that early voting begins next Monday, October 24, 2016. Presentation of a $500 donation to the Colleyville Fire Department from Atmos Energy, Tommy Clark, Atmos Energy Operations Supervisor - Mayor Richard Newton and Fire Chief Brian Riley Tommy Clark, Atmos Energy Operations Supervisor, presented a check to the Colleyville Fire Department in recognition of the partnership established between the Department and Atmos Energy. Mr. Clark stated the fire department is very helpful to Atmos, providing safety and security, especially during line locates and repair. Presentation of the Outstanding Community Partner Award from Safe Kids - Mayor Richard Newton, Fire Chief Brian Riley and Emergency Management Coordinator Kenny Phillips Mayor Newton and Fire Chief Brian Riley presented Emergency Management Coordinator Kenny Phillips with the Safe Kids Tarrant County Outstanding Community Partner Award in recognition of the Fire Department’s Drowning Prevention program. In recognition of Colleyville's Featured Business of the Month - Village Lane Apothecary, 60 Village Lane, Store Manager Sarah Pruett - Mayor Richard Newton Mayor Newton recognized Village Lane Apothecary as the featured business and welcomed Sarah Pruett, store manager. City Council Minutes October 18, 2016 City of Colleyville Page 4 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-4044 4a Approval of the minutes of the regular City Council meeting of October 3, 2016 4b Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Cheek-Sparger Road and Bedford Road, and authorize the city manager to execute the agreement 4c Approval of the use of the Voluntary Library Fund in Fiscal Year 2017 (FY 2017), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $155,000 4d Approval of an Interlocal Agreement between the cities of Colleyville, Bedford, and Watauga for insurance broker services, and authorize the city manager to execute the agreement Mayor Newton read Resolution R-16-4044 in its entirety. Mayor Newton explained two paragraphs he would like added to the October 3, 2016 meeting minutes: page 3, the last paragraph of discussion W-1: “Mayor Newton indicated agreement with staff that there are issues with the current tree preservation ordinance, and that revisions are in order to address these issues.” Add this as the last paragraph, page 4, after discussion of W-2: “There was general agreement that any change could be made within 30 days, and that was sufficient to address issues as they arose.” Public Works Director Jeremy Hutt presented and briefed the City Council relative to item 4b. Library and Recreation Director Mary Rodne presented and briefed the City Council relative to item 4c. Human Resources Director Rachel Huitt presented and briefed the City Council relative to item 4d. Mayor Newton opened the public hearing at 8:00 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:00 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4044 with the amendment to the meeting minutes. Councilmember Short seconded the motion. City Council Minutes October 18, 2016 City of Colleyville Page 5 The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Councilmember Tammy Nakamura 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1993 Consideration of a Special Use Permit for an accessory building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 Mayor Newton recused himself from this item. Mayor Pro Tem Putnam read the caption of Ordinance O-16-1993. Mayor Pro Tem Putnam stated the applicant wished to withdraw the request. Councilmember Taylor made a motion to remove Ordinance O-16-1993 from the agenda without prejudice. Councilmember Coplen seconded the motion. The motion carried with the following vote: Aye: 5 – Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Councilmember Tammy Nakamura 5b Ordinance O-16-1994 Consideration of a zoning change from the AG-Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16-014 Mayor Newton read the caption of Ordinance O-16-1994. Community Development Director Ben Bryner presented this item and briefed the City Council. Mark Assad, representing the property owner, presented this item and briefed the City Council. City Council Minutes October 18, 2016 City of Colleyville Page 6 Mayor Newton asked Mr. Assad why RE-Residential Estate zoning was not considered for the 2.5 acre lot. Mr. Assad replied it is all one subdivision and the main reason it is 2.5 acres is because of the pond. He stated they do not want to encroach on the pond with a house. Mayor Newton asked Mr. Assad if the pond will remain. Mr. Assad replied yes. Councilmember Taylor asked Mr. Assad if the existing drainage easement across the property will remain. Mr. Assad replied yes, and it includes the pond area. Mayor Newton asked Mr. Assad about the lines going through the conceptual zoning exhibit. Mr. Assad replied those are utility and drainage easements noted by the lines per the previous plat. Councilmember Taylor asked Mr. Assad about the relationship with Councilmember Lindamood and this project. Mr. Assad replied this is not the property in which he is doing work, it is an address in North Richland Hills. Mayor Newton opened the public hearing at 8:08 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:08 p.m. Mayor Pro Tem Putnam stated this is an ideal use for this property and glad to see it is being developed the way it is. Councilmember Lindamood concurred. Councilmember Taylor made a motion to approve Ordinance O-16-1994 and Mayor Pro Tem Putnam seconded the motion. The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Councilmember Tammy Nakamura 5c Ordinance O-16-1995 Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 Mayor Newton read the caption of Ordinance O-16-1995. City Council Minutes October 18, 2016 City of Colleyville Page 7 Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton opened the public hearing at 8:11 p.m. Janet Suedmeier, 2301 Mulberry Court, spoke neutral about this request, but stated having a concern about the 12 very mature live oak trees along the subject property line and her property line. She stated she would like for the trees to be identified as protected, but the tree protection ordinance does not address this. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:13 p.m. Skip Blake, Blake Architects, 1202 South White Chapel, Southlake, stated they are staying way off of the property line for the construction of the new home. Director Bryner concurred, the house will be placed 60 feet from the rear property line. Councilmember Taylor stated a hard surface such as concrete could go beyond the building line, but not a structure. Mr. Blake agreed. Mayor Newton asked staff if there is anything in the tree preservation ordinance to address this. Director Bryner replied the requirement is to survey existing trees on the subject property, and at the same time, they would not be able to touch the other trees, other than trim limbs. Mayor Newton stated it is really about the root system. Councilmember Lindamood asked Mayor Newton if City Council could just ask the builder to put up the safety fencing around the trees to give the neighbor some assurances that there would be no equipment in those areas. Mayor Newton replied yes. Cary Hy, 3501 Emerald Court, Grapevine, the homebuilder, stated there is a 25 foot building line, and if the City Council would like, they can provide tree protection on the property line with no problem. Councilmember Lindamood suggested to at least follow the drip line to provide a boundary in which the construction workers will not park their vehicles. Mr. Hy agreed. Tom McCurry, 5110 Old Oak Lane, Colleyville, the property owner, stated his passion is landscaping, and they plan to work with the Suedmeiers and the trees. Ms. Suedmeier stated having a concern of other buildings being built, maybe not now but in the future, and how the water is going to drain from the property. City Council Minutes October 18, 2016 City of Colleyville Page 8 Mayor Newton asked staff about the direction of drainage. Director Bryner replied the property drains to the west toward the street. Mr. Hy stated the front part of the lot flows to the west; however, half way into the lot, it flows to the southeast corner, and there is a drainage easement. Mayor Newton asked staff about the difference in the lot coverage percentage between R40 and R30 zoning. Director Bryner replied for R40, 20 percent is allowed, and for R30, 25 percent is allowed. He added currently the site plan is at 24 percent of lot coverage. Councilmember Taylor made a motion to approve Ordinance O-16-1995 and Councilmember Short seconded the motion. The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Councilmember Tammy Nakamura 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-16-4045 Approval of a City-Developer Agreement with M/I Homes of DFW, LLC for the reimbursement of the construction costs of the waterline connection associated with the Creekside at Colleyville Development - Phase 5, and authorize the city manager to execute the agreement Mayor Newton read Resolution R-16-4045 in its entirety. Director of Public Works Jeremy Hutt presented this item and briefed the City Council. Mayor Newton asked staff how they knew the line was to be taken to the edge of the development. Director Hutt replied the water line extensions were on the original plans for the Woodland Hills development and the valves were installed, but the lines were not stubbed out sufficiently to reach the limits of the subject property. Mayor Newton asked staff if everything is done properly in terms of the installation and design, but the developer made the decision to proceed without the approval of the City. Director Hutt replied correct. City Council Minutes October 18, 2016 City of Colleyville Page 9 Mayor Newton asked staff if the developer was given any assurances the City would reimburse the costs. Director Hutt replied no, the developer was informed a City Developer Agreement would be required and would also require City Council approval. Councilmember Taylor asked staff if the waterline was built to specs and inspected by City staff. Director Hutt replied yes, it met all regulations and was incorporated into the public improvements for the development. Councilmember Taylor asked staff at what time the deficiencies were found. Director Hutt replied it was originally discovered in late 2015. Councilmember Taylor asked staff if the developer was told he could put in the waterline, but a reimbursement could not be approved, at that time. Director Hutt replied when the developer requested assistance from the City, staff researched and confirmed the waterline did not exist, and in those discussions, the developer was informed any assistance from the City would require a City Developer Agreement approved by City Council. Councilmember Taylor asked staff if the developer would have been able to do this project without the tie-in at either location. Director Hutt replied not with the original design, the line would need to be looped. Councilmember Taylor asked staff if the plans were approved based on the stub- out being there. Director Hutt replied correct, based on the infrastructure staff believed was there. Councilmember Taylor asked staff if the stub-out helps to loop out the water system. Director Hutt replied correct. Brett Pedigo, applicant, presented this item and briefed the City Council. Mayor Newton asked Mr. Pedigo did you understand there were risks of getting a reimbursement when making the decision to proceed. Mr. Pedigo replied he understood there would be an agreement that would need to be put together and that would need to come before City Council, not that there would be a risk that it would not be reimbursed. He added the plans for the development were approved, this was beyond our original plans. Mayor Newton asked Mr. Pedigo what the impact would have been to the development if he had chosen not to do this. Mr. Pedigo replied a waterline would have been looped back around into an existing water line on the cul-de-sac, and not made the connection through the Woodland Hills addition. Mayor Newton asked Mr. Pedigo if there were other things he could have worked on in the development had he waited for the City to install the waterline. Mr. City Council Minutes October 18, 2016 City of Colleyville Page 10 Pedigo replied he would not have waited, he would have just built his approved plans. He added there was a three to four month delay in order to facilitate the timing of the bids to get the additional work done. Councilmember Taylor asked staff if these prices are in-line per his approved plans, in order to loop the existing water system. Director Hutt replied the prices are very reasonable, and staff worked very closely with the developer. He stated if we had had to bid them, we would have incurred engineering costs associated with the project; however, the developer used his engineers which he already had on the project. Mayor Pro Tem Putnam asked Mr. Pedigo what other projects in Colleyville has he ran into issues. Mr. Pedigo replied the Preservation development had drainage issues that were left by the previous developer. He stated they made some improvements which were actually on the other side of their property line. Councilmember Lindamood asked Mr. Pedigo how he helped the people on the other side of the Preservation development. Mr. Pedigo replied they were still having issues with drainage, but when they researched the situation, there were tree roots growing through the late Ms. Sage’s drainage system. He stated they finally figured out the problem and they re-installed the drainage system line away from the trees to get it back to functioning for about four property owners. Councilmember Lindamood asked Mr. Pedigo if staff had suggested going before City Council prior to the installment of the waterline, given that City Council meets every two weeks. Mr. Pedigo replied that was not suggested at the time, the suggestion was to ensure the bid process was done properly, just as a public improvement would have to be bid. He stated we were told to make sure the pricing was in line with everything else, like a straight pass through on costs. He added there were other costs incurred that were not put in the reimbursement request. Councilmember Lindamood asked Mr. Pedigo when the work was done. Mr. Pedigo replied he believed it was April or May of this year. Mayor Pro Tem Putnam stated not being in favor of this request, given the issues with the Preservation development. Councilmember Lindamood stated he is still visiting with the homeowners adjacent to the Preservation development about drainage issues. Mayor Newton stated he views this as a learning experience for City staff and developer. He stated he now supports this request, but only because he believes it is an equity issue. The developer built the water line that should have already been there, at a reasonable cost, and to City specifications. However, the process should be done differently in the future so that the City Council is brought into the process before the construction is initiated. City Council Minutes October 18, 2016 City of Colleyville Page 11 Councilmember Short stated he appreciates the developer being mindful and saving money on the project. Councilmember Taylor stated he appreciates the developer working with staff on the project and that they were mindful of the costs. He stated he has also spoke with the homeowners adjacent to the Preservation development about their drainage issues. Councilmember Coplen agreed, and stated if City Council needs to meet for an emergency situation, a meeting can be called to take care of business. Mayor Newton opened the public hearing at 9:06 p.m. Kathy Hadley, 204 Timberline Drive North, stated having a concern about the muddy pond at the Preservation development. She stated being curious about how much money the City has spent in fixing this pond. She stated she would like to see some landscaping around the pond to make it look nice. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:08 p.m. Councilmember Taylor made a motion to approve Resolution R-16-4045 and Councilmember Short seconded the motion. Councilmember Lindamood stated because of the pricing of the project, he supports the request. The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Councilmember Tammy Nakamura 6b Resolution R-16-4046 Approval of a City-Developer Agreement with Mainvue Tx, LLC, for the reimbursement of the construction costs of the waterline along Cheek- Sparger Road associated with the Creekside at Colleyville Development - Phase 3, and authorize the city manager to execute the agreement Mayor Newton read Resolution R-16-4046 in its entirety. Director of Public Works Jeremy Hutt presented this item and briefed the City Council. City Council Minutes October 18, 2016 City of Colleyville Page 12 Mayor Newton asked staff if the drainage work is in addition to the waterline. Director Hutt replied it is a combination of both. He stated as a result of the waterline being built in the parkway and with the layout of the parkway, the addition of a 24 inch storm drain to take some of the water underground was a request by the City to incorporate and clean up some of the parkway. Mayor Newton asked staff what is the benefit to the City. Director Hutt replied it is a matter of extending an existing storm drain from the Woodland Hills development and will take the water underground to alleviate a maintenance issue. Mayor Newton asked staff if the storm drain is on the Woodland Hills development or the Creekside development. Director Hutt replied it is on both. Mayor Newton asked staff if this will raise the depth of the ditch. Director Hutt replied correct. Councilmember Taylor asked staff if the City actually owned that property at the time this was discussed. Director Hutt replied this is actually further west from the corner. Mayor Newton asked staff why there are two different agreements. Director Hutt replied there are two different development groups that Mr. Pedigo represents. Mayor Newton asked Mr. Pedigo about the difference in the agreements. Mr. Pedigo replied there are two different builders in two separate areas of the Creekside development, but he is representing both. Mayor Pro Tem Putnam asked Mr. Pedigo who is the builder. Mr. Pedigo replied Mainvue, TX has the two model homes and M/I Homes is right off of Cheek- Sparger Road. Mayor Newton asked Mr. Pedigo if he is the accountable party. Mr. Pedigo replied yes, and clarified a previous statement that there are some remedies on the pond at the Preservation. Mayor Newton opened the public hearing at 9:17 p.m. Janet Suedemeier, 2301 Mulberry Court, spoke in opposition to this request with a concern for the City to extend warranty services to two different developers, and the precedent it sets with future developers. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:18 p.m. City Council Minutes October 18, 2016 City of Colleyville Page 13 Mayor Newton stated it was the City’s obligation to put in the infrastructure, but in this case the developer chose to put them in instead. He stated in the future, these will be brought forward ahead of time. Councilmember Taylor made a motion to approve Resolution R-16-4046 and Councilmember Coplen seconded the motion. Councilmember Taylor stated once the infrastructure is dedicated to the City, it will be the City’s responsibility to maintain. Councilmember Coplen stated homeowners in Woodland Hills have complained about the drainage issues and are glad that they are going to be fixed. The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Councilmember Tammy Nakamura 6c Resolution R-16-4047 Approval of a resolution stating City Council's desire to hold joint worksessions/meetings with the Grapevine-Colleyville Independent School District (GCISD) Board of Trustees Mayor Newton read Resolution R-16-4047 in its entirety. Mayor Newton presented this item and briefed the City Council. Mayor Newton opened the public hearing at 9:23 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:23 p.m. Mayor Newton made a motion to approve Resolution R-16-4047 and Mayor Pro Tem Putnam seconded the motion. The motion carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Chris Putnam, and Councilmembers Bobby Lindamood, Jody Short, Nancy Coplen, and Mike Taylor Absent: 1 – Councilmember Tammy Nakamura City Council Minutes October 18, 2016 City of Colleyville Page 14 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, spoke about a pasture having to be mowed because of a code enforcement violation. She stated areas such as this should be allowed to grow wildflowers which is more pleasant to look than dirt. Stuart Gardner, 6000 Montford Drive, spoke on behalf of the Colleyville Neighborhood Council and handed out their bylaws to City Council. He stated this organization would represent homeowners who are not currently in a homeowners association, and could represent those who are. David Medlin, 605 Montreux Avenue, spoke about the investment fund in the Utility Fund; a policy about the reserve; adding a line item in the budget for capital improvements; and looking at leadership. 8. REPORTS Planning and Zoning Commission Meeting Minutes - September 12, 2016 Zoning Board of Adjustment Meeting Minutes - September 13, 2016 Monthly Financial Report - September 2016 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 18, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16- 4048 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 9:39 p.m. APPROVED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 1ST DAY OF NOVEMBER 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City Council Minutes October 18, 2016 City of Colleyville Page 15