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HomeMy WebLinkAboutCity Council-Minutes-10/10/2017 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 10, 2017 WORKSESSION - 5:00 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Discussion of the future use of Bidault House and Webb House WS-2 Glade Road Project update WS-3 Discussion of nominations to the Tarrant Appraisal District Board of Directors WS-4 Discussion of meeting dates for a discussion and overview of Land Development Code priorities WS-5 Discussion of the October 10, 2017, 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities - Glade Road Project Phase 1B and 2A Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the City Secretary Section 551.074 - Personnel – Update regarding City personnel administration from 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 City Council Agenda October 10, 2017 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4181 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 Michael Kinsey obtaining the rank of Eagle Scout Recognition of Employees' Years of the Service 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4182 4a Approval of the minutes of the regular City Council meeting of September 19, 2017 4b Approval to purchase five Chevrolet Tahoe patrol vehicles, from Caldwell Country Chevrolet, in an amount not to exceed $159,268, bid through the State of Texas Cooperative Purchasing Program, and authorize the city manager to execute all purchasing documents 4c Approval of the sale of found property, seized items, obsolete and non-serviceable equipment, and vehicles 4d Approval to use the Voluntary Library Fund in Fiscal Year 2018 (FY 2018), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $160,000 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-17-2032 Consideration of a zoning change from the R-20 Single Family Residential zoning district to the CPO Professional Office zoning district on Lot 24, Block 2, of the Fair Way Addition, located at 8308 Precinct Line Road, Case ZC17-015 City Council Agenda October 10, 2017 City of Colleyville Page 3 5b Ordinance O-17-2033 Consideration of a zoning change from the CC-1 Village Retail zoning district to the CC-2 Shopping Center zoning district on Tract 2C03, Abstract 206, in the BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC17-016 6. TABLED: RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4171 Consideration of a minor plat for the Stowe Addition, on property legally described as Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case PC17-005 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4183 Consideration of a replat on property legally described as Lot 1R, Block 1, of the Oak Knoll West Subdivision, located at 5112 Oak Timbers Court, Case PC17-013 7b Resolution R-17-4184 Consideration of appointments to the Colleyville Economic Development Corporation 7c Resolution R-17-4185 Consideration of appointments to the Historical Preservation Committee 7d Resolution R-17-4186 Consideration of appointments to the Library Board 7e Resolution R-17-4187 Consideration of appointments to the Metroport Teen Court Advisory Board 7f Resolution R-17-4188 Consideration of appointments to the Planning and Zoning Commission 7g Resolution R-17-4189 Consideration of appointments to the Zoning Board of Adjustment 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Agenda October 10, 2017 City of Colleyville Page 4 9. REPORTS Special Events Ad Hoc Committee Minutes - August 2, 2017 Water and Wastewater Rate Advisory Committee Minutes - August 22, 2017 Special Events Ad Hoc Committee Minutes - September 6, 2017 Annual activity report of the Colleyville Economic Development Corporation 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 10, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17- 4190 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 6, 2017 by 5:00 p.m. Christine Loven, TRMC Assistant 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 10, 2017 COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, October 10, 2017, at 5:03 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor. Also Present: City Manager Jerry Ducay, Assistant City Manager/Executive Director of Economic Development Mark Wood, Assistant City Manager/Strategic Services Manager Adrienne Lothery, Director of Public Safety Police Chief Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Shereen Gendy, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and Assistant City Secretary Christine Loven. WS-1 Discussion of the future use of Bidault House and Webb House Assistant City Manager Adrienne Lothery presented this item and briefed the City Council. Mayor Newton asked staff if there was any background on the potential investor. Manager Lothery replied she believes the potential investor is a hobby historical home flipper and is completing a commercial and museum project at this time. Councilmember Wheat asked if the Bidault House had previously been used as a rental. Mayor Newton responded no, it was Jim and Dulcie Moore’s house. Councilmember Coplen stated the history of the Moore’s house is intriguing, it was a catalog house and the home was used to entertain, so a second story was added. Councilmember Coplen asked staff by what authority is the historical landmark issued. Manager Lothery replied the Texas Historical Commission. City Council Minutes October 10, 2017 City of Colleyville Page 2 Councilmember Taylor stated the Bidault House needs to be lighted outdoors to allow for photo opportunities. Mayor Newton stated he was pleased with the assessment of both properties. City Council directed staff to move forward with planning for the properties use by seeking input from the Historical Preservation Committee and the Parks and Recreation Advisory Board. WS-2 Glade Road Project update Public Works Director Jeremy Hutt presented a recommendation that the remaining “Phase I & II” projects be consolidated into a single “Phase II” construction project (SH26 to Pool Road) and answered questions of the City Council. Mayor Pro Tem Lindamood asked staff if there were one big bid letting, would this be constructed as one project or phased. Director Hutt replied he would like to develop a strategy which will assist with traffic control and minimize lengthy detours and long construction periods. Councilmember Nakamura stated she has the same concerns for long construction periods and detours. Councilmember Taylor stated he would like to see a plan on how traffic would flow and be detoured. Director Hutt stated he understands the City Council direction is to move forward with planning to bid and build Phase 1B with the entirety of Phase 2, and to bring a traffic plan and recommendations to the City Council at a future date. City Council agreed. WS-3 Discussion of nominations to the Tarrant Appraisal District Board of Directors Mayor Newton advised the City Council the City would be allowed to cast 21 votes for a candidate, noting the votes can be cast separately or collectively. Mayor Newton stated if the City Council nominated someone there would need to be support from Tarrant County and area cities. Mayor Newton asked the City Council to advise him if there is a candidate they wish to put forward and there will be a resolution on the October 17, 2017 agenda. WS-4 Discussion of meeting dates for a discussion and overview of Land Development Code priorities City Council Minutes October 10, 2017 City of Colleyville Page 3 Mayor Newton stated a worksession needs to be conducted to discuss the Land Development Code and provide direction to staff. Councilmember Taylor asked if zoning and drainage will be discussed. Mayor Newton stated the worksession would allow City Council to review the staff compiled list of items to be addressed and help establish priorities. City Manager Ducay stated the amendments to the Land Development Code would take up to 16 months to process. Mayor Newton stated he and City Attorney Whitt Wyatt have had a discussion regarding sunsetting ordinances and this too can be further addressed during the worksession. The City Council directed staff to plan a worksession for November 15, 2017, at 5:00 p.m. WS-5 Discussion of the October 10, 2017, City Council regular agenda items Mayor Newton stated he has reviewed the applicants for the each of the Boards, Commissions, and Committees to be appointed and reviewed each. Mayor Newton stated he will have to direct staff to readvertise for the Historical Preservation Committee and Zoning Board of Adjustment. Mayor Newton adjourned the worksession at 6:33 p.m. Mayor Newton called the Executive Session to order at 6:33 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities - Glade Road Project Phase 1B and 2A Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the City Secretary City Council Minutes October 10, 2017 City of Colleyville Page 4 Section 551.074 - Personnel – Update regarding City personnel administration from 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 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. Executive Session was adjourned at 7:30 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Also Present: City Manager Jerry Ducay, Assistant City Manager/Executive Director of Economic Development Mark Wood, Assistant City Manager/Strategic Services Manager Adrienne Lothery, Director of Public Safety Police Chief Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Shereen Gendy, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and Assistant City Secretary Christine Loven. INVOCATION: Pastor Ricky Texada, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4181 Mayor Newton read Resolution R-17-4181 in its entirety. City Council Minutes October 10, 2017 City of Colleyville Page 5 Mayor Newton stated the resolution was to appoint Christine Loven as City Secretary and congratulated Ms. Loven noting she has been an employee of the City for almost 20 years. Mayor Newton opened the public hearing at 7:37 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:37 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4181. Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton thanked City staff and the City Manager for the many things they are doing and have been noticed: the fountain in the loggia is working, the tile in breezeway has been cleaned, outdoor furniture has been added so patrons may enjoy lunch or coffee on the patio, the fountain at Hero’s Park is working, there are flowers planted in front of City Hall. Mayor Newton said all this adds to the beautification of the City and employees have done all this work themselves. He also said these are the things which are visible, but there are also things going on behind the scenes, for example Chief Financial Officer Shereen Gendy and the financial staff have created financial reports which are outstanding, and he has recognized them before, but there are many things happening in the City because of the employees and he appreciates it. Councilmember Nancy Coplen announced beginning October 18, the Circle of Friends will be painting their pumpkins at 55 Main Street. The pumpkins will go on sale on October 21. Proceeds will go toward children’s cancer research. Councilmember Nakamura invited all to attend the Haunted Trail Fest, October 21, 2017 at 6:00 p.m. at the Colleyville Nature Center. Proclamation in recognition of Michael Kinsey obtaining the rank of Eagle Scout City Council Minutes October 10, 2017 City of Colleyville Page 6 Mayor Newton welcomed Michael Kinsey and noted he appreciates Michael’s tenacity in moving forward under great personal difficulty and congratulated him before presenting him with a proclamation recognizing his attainment of the rank of Eagle Scout, though he has been afflicted with Lyme disease and has not been able to attend school for the last four years. Recognition of Employees' Years of the Service Assistant City Manager Mark Wood recognized Community Development Director Ben Bryner for one year of service to the City. Director of Public Safety Police Chief Mike Holder recognized Officers April Zablosky and Chase Owens for one year of service and Corporal Sandra Scott for five years of service. Public Works Director Jeremy Hutt recognized Brett Acosta, Facilities Maintenance Technician for his five years of service. Chief Financial Officer Shereen Gendy recognized Karen Hines, Accounting Manager for ten years of service. Mayor Newton displayed the plaque received by the City at the Texas Municipal League Conference designating the City of Colleyville as a Silver Certified Scenic City. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4182 4a Approval of the minutes of the regular City Council meeting of September 19, 2017 4b Approval to purchase five Chevrolet Tahoe patrol vehicles, from Caldwell Country Chevrolet, in an amount not to exceed $159,268, bid through the State of Texas Cooperative Purchasing Program, and authorize the city manager to execute all purchasing documents 4c Approval of the sale of found property, seized items, obsolete and non-serviceable equipment, and vehicles 4d Approval to use the Voluntary Library Fund in Fiscal Year 2018 (FY 2018), for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $160,000 Mayor Newton read Resolution R-17-4182 in its entirety. Director of Public Safety Police Chief Mike Holder provided an update regarding item 4b and 4c. City Council Minutes October 10, 2017 City of Colleyville Page 7 Councilmember Taylor stated he visited with a company at the TML conference which refurbishes public works trucks to new condition at half the cost of a new vehicle purchase and asked Chief Holder if he was aware of a similar program for police vehicles. Chief Holder replied he is not aware of such a program, however, he will look into it and suggested perhaps tier two police vehicles may be a candidate for such a program. Public Works Director Jeremy Hutt provided information on item 4c. Mayor Newton asked Director Hutt where the money from the sale of vehicles goes. Director Hutt replied he believes the Mayor is asking regarding the police vehicles. Chief Holder replied as the vehicles are purchased from CCCPD funds, the money will be returned to the fund. There is one exception which involves a seized vehicle, those funds will be returned to the seized vehicle fund. Mayor Newton asked Chief Holder to explain the seized vehicle process. Chief Holder explained the civil seizure process and noted property and vehicles are seized when used in the commission of a crime or when purchased from the proceeds of a crime. Mayor Newton asked if the City still receives a reasonable deal on the auctioneer, as the last time an auctioneer was chosen was in 2010. Director Hutt replied the City has used Rene Bates for the last seven years and they have always performed well, however, the City did inquire with other auctioneers to check the rates and Rene Bates is the lowest at 7.5-percent and is known in the auction industry. Mayor Pro Tem Lindamood noted his company also utilizes Rene Bates and he believes the City is receiving the best value. 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. Councilmember Nakamura made a motion to approve Resolution R-17- 4182. Councilmember Dodson seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor City Council Minutes October 10, 2017 City of Colleyville Page 8 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-17-2032 Consideration of a zoning change from the R-20 Single Family Residential zoning district to the CPO Professional Office zoning district on Lot 24, Block 2, of the Fair Way Addition, located at 8308 Precinct Line Road, Case ZC17-015 Mayor Newton read the caption of Ordinance O-17-2032. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked applicant Paul Garcia, 1527 Winter Forest Trail, Keller, if the property is for his use. Mr. Garcia responded yes, this is for their own business, his wife is a real estate property broker. Councilmember Taylor asked staff how to have the TAD map corrected with the right-of-way purchase. Director Bryner responded we may have to go through a plat process, in which case it will be recorded at Tarrant County, or the City may be able to make a GIS update. City Manager Ducay asked staff how often the tax data is provided for update in the GIS layer. Director Bryner replied he believes it is annually. Councilmember Nakamura asked staff if the property is currently zoned R-20 or commercial. Director Bryner replied R-20. Mayor Newton asked Mr. Garcia if the structure was going to stay or be torn down. Mr. Garcia replied the structure will stay and they have already planned to remodel and make the facility ADA compliant. Mayor Newton asked Mr. Garcia what they were going to do for a parking lot. Mr. Garcia stated parking will be in the back area as only eight parking spaces are required. They had already met with the fire marshal who directed them to leave the front open with parking in the back. Mayor Newton asked staff if this is zoning, what is the process and what approvals will need to be put in place to allow Mr. Garcia to complete the remodel and provide parking. Director Bryner stated the plat will have to be filed as a single lot plat which is a minor plat allowing staff approval. From there they will have to go through a site plan approval process. As this is a conversion of use, the parking will have to be evaluated. Additionally, because this will now be non-residential, the screening and buffering requirements will have to be put in place. City Council Minutes October 10, 2017 City of Colleyville Page 9 Mayor Newton asked staff what are the screening and buffer requirements. Director Bryner replied an eight foot masonry wall, 20 feet of landscape area with plantings. Mayor Newton asked staff if there has been activity on Curtis Road on the west side. Director Bryner replied not commercial, but he would have to review the permits to verify. Mayor Newton stated the future land use map indicates commercial is the direction this area is going, however, unless the entire area is aggregated, the zoning will be taken one lot at a time. Councilmember Taylor suggested Curtis Road will probably be the dividing line between commercial and residential. Councilmember Taylor asked staff if cross access is being designated. Director Bryner replied yes, the Land Development Code requires new development to allow the cross access. Mayor Newton stated after this process, City Council does not see the plats and therefore he wants to know if staff will require the cross access either on the plat or in the site plan. Director Bryner agreed it would be a part of the requirement. City Manager Ducay asked if staff will require the applicant to install the cross access or provide an easement. Director Bryner replied it would depend on the proximity of the building plan as to whether an install or easement would be required. This was a first reading, therefore City Council did not take any action. 5b Ordinance O-17-2033 Consideration of a zoning change from the CC-1 Village Retail zoning district to the CC-2 Shopping Center zoning district on Tract 2C03, Abstract 206, in the BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC17-016 Mayor Newton read the caption of Ordinance O-17-2033. Assistant City Manager Mark Wood presented this item and briefed the City Council. Mayor Newton asked staff what the stated purpose of the request is for. Manager Wood replied at this time there is no specific request and he reviewed the allowed uses. City Council Minutes October 10, 2017 City of Colleyville Page 10 Steven McGurk, applicant and Vice President, Leon Capital, 3500 Maple Avenue, Dallas, stated the purpose behind this request is to redevelop the property, and they are looking to open other uses not permitted in CC-1 and give the property a chance to be developed, because it has been vacant for the last 17 years. Mayor Newton stated he and this City Council are trying to be proactive in how Colleyville develops and having quality development, which means we need to encourage aggregation to meet this strategy. Mayor Newton asked staff why then, due to the size of the property, would we be changing the zoning now. Assistant City Manager Mark Wood stated if all this could be assembled into one piece of property and be developed all at once that would be ideal, and that is our strategy. However, in this case, if we increase the potential uses on this site, it may help them purchase an additional site or portion of a site, which would provide a better case for the properties to have an enhanced use. Mayor Newton asked Mr. McGurk who specifically was interested and for what type of use. Mr. McGurk replied the possibility of aggregation occurs once the zoning is in place when users can see they would be allowed under a permitted use. Councilmember Taylor stated what concerns him is the four businesses Mr. McGurk listed as having interest in developing if the zoning is put in place - an automotive shop, tire and battery store, vet clinic, and drive in/drive through restaurant - and stated this does not really fit the vision of what is wanted there as it is the only hard corner left in Colleyville which offers opportunity. Manager Wood stated he would like to point out whatever development may express an interest after the zoning is changed, may open opportunities to co- locate. He further noted after Lidl was approved, there has been interest from other developers to co-locate. Mr. McGurk stated though City Council believes this is a highly desirable hard corner, he would argue it is not the traditional hard corner as no one travels Old Glade Road, they travel Glade Road, and access to the property under consideration is only accessible by traveling north bound on Highway 26. This access makes the property less desirable. Mayor Pro Tem Lindamood asked Mr. McGurk if there are any others expressing an interest, or are they only considering this one user. Mr. McGurk replied they are open to everything, however, without this zoning in place, they cannot build the demand. Mayor Newton asked how long they have owned the property. Mr. McGurk replied a little over three years, since 2014. City Council Minutes October 10, 2017 City of Colleyville Page 11 City Manager Jerry Ducay stated Manager Wood has also had discussions with property owners about aggregation, so staff is working on this as well. Mayor Newton stated this is the time to have all these discussions, and hopefully what will come from these discussions is we proactively increase the probability of development that fits our vision. Mr. McGurk replied he understood, but there are also other items to take into consideration, which is the grading and accessibility. Mayor Newton opened the public hearing at 8:53 p.m. Kathy Hadley, 204 Timberline North, spoke in opposition to this item encouraging City Council to slow down on development and not limit the development possibilities. There was no one else present wishing to speak and Mayor Newton closed the public hearing at 8:56 p.m. This was a first reading, therefore, City Council did not take any action. 6. TABLED: RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-17-4171 Consideration of a minor plat for the Stowe Addition, on property legally described as Tract 2A, Abstract 1692, in the Joseph White Survey, located at 816 Shelton Drive, Case PC17-005 Mayor Newton stated this resolution was tabled at the September 5, 2017 meeting because R-20 zoning was turned down and now is before the City Council as a variance with its current agricultural zoning. City Council was concerned because of the opposition to the R-20 zoning and City Council wanted to ensure those opposed to the R-20, were aware this item is back for consideration. Mayor Newton asked staff if another notification was made. Community Development Director Ben Bryner stated everyone originally notified, were re-notified. Councilmember Dodson made a motion to remove this item from the table. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: City Council Minutes October 10, 2017 City of Colleyville Page 12 Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Community Development Director Ben Bryner provided an update to the City Council. Councilmember Nakamura asked staff where the front of the house is located. Director Bryner stated we do not have a requirement of where the front door has to face, but the true front set back is to the east. Councilmember Taylor stated this is brought to us as a Shelton address. Director Bryner concurred. Mayor Newton stated owners of the property are in a tight spot. This Council voted to deny the R-20, now its back with a different slant - leave the agricultural zoning, but change the dimensions, give us variances, so we can still build as if it is an R-20. The problem with this is it doesn’t seem transparent and I can’t vote for that. Councilmember Wheat asked Mayor Newton if this item is denied, is this lot still buildable. Mayor Newton said it is buildable, but it has to have a variance for the lot dimensions. Councilmember Taylor asked City Council what we can find approvable. Mayor Newton stated we cannot dictate where the house faces, and this is the problem. Councilmember Coplen asked if the property is going to be vacant forever. Director Bryner stated the next step would be to go before the Zoning Board of Adjustment and justify a hardship. Councilmember Wheat asked what comes of proving a hardship with ZBA. Director Bryner replied staff would then be able to file the plat and a building permit could be issued. Councilmember Taylor stated he would rather control the process. Mayor Newton agreed. There was discussion regarding the authority of the Zoning Board of Adjustment. Mayor Newton read Resolution R-17-4171 in its entirety. Mayor Newton opened the public hearing at 9:22 p.m. James Day, 805 Shelton Drive, spoke in opposition with concern for the history of the lots, opposition to the variance requests, and the density which would occur. City Council Minutes October 10, 2017 City of Colleyville Page 13 Donna Walker, 804 Shelton Drive, spoke in opposition to this item with concern for the direction of the house, but not against a house being built. Kathy Hadley, 2014 Timberline North, spoke in opposition to this item and stated she felt it would be a nice lot for an estate home. Lisa Grossman, 6014 Pleasant Run Road, spoke neither in support nor opposition, but provided history on the lot and suggested if the house faced Pleasant Run she would accept a 25-foot set back, but not a 10-foot set back. She also stated agriculture zoning allows only 20-percent of lot coverage, which is what she had to accommodate and it is important to her that no one else be allowed to surpass the 20-percent coverage. Jeff Avery, 1314 Worthington Street, Grapevine, representing the defense of Ellie Stowe and Greg Shannon spoke in support of this item, highlighting his history of developing in Colleyville and stated he is not the owner of the property, he is trying to professionally assist the estate. There is no desire to subdivide the property, they are not asking for anything special, they are trying to say help us create the best house for the neighborhood and for the community. Cary Schroeder, 6821 Chase Street, North Richland Hills, court appointed attorney to Mrs. Stowe in 1977 spoke in support of this item. Mr. Schroeder stated the property is still in a trust and there is a fiduciary duty to sell the property, failing an agreement this item will have to go to court. Greg Shannon, Trustee of the Ellie Stowe Trust, 3205 Tanglewood Trail, Fort Worth, spoke in support of this item, providing a history of the property and trust. He stated when potential buyers find out about the zoning of the property, the offers are pulled. Therefore, the trust is asking for guidance on what is acceptable to the City Council so the property can be sold. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:45 p.m. Mayor Newton summarized the comments of the speakers. Mayor Pro Tem Lindamood provided an example of what the property would look like with a 4,900 square foot structure, facing Pleasant Run with 40-foot set backs on all sides except the north side which has a ten-foot set back. Lisa Grossman stated she wanted to make note that a 4,000 square foot structure violates the 20-percent agriculture lot coverage. Mayor Newton asked staff how the percentage of coverage is computed. Director Bryner stated the coverage is based on the total lot size. City Council Minutes October 10, 2017 City of Colleyville Page 14 There was discussion regarding regulations for fencing. Councilmember Taylor made a motion to table this item and direct staff to work with all parties to come to an agreement. Mayor Pro Tem Lindamood seconded the motion. The motion to table was approved by the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4183 Consideration of a replat on property legally described as Lot 1R, Block 1, of the Oak Knoll West Subdivision, located at 5112 Oak Timbers Court, Case PC17-013 Mayor Newton read Resolution R-17-4183 in its entirety. Community Development Director Ben Bryner presented the item and briefed the City Council. Councilmember Wheat asked staff what is the square footage of the surrounding lots. Director Bryner stated approximately 40,000 square feet. Councilmember Nakamura asked staff for the total acreage. Director Bryner replied just under an acre, .9 acre, which is a little over 40,000 square feet and to be able to subdivide requires a minimum of 20,000 square feet so they just barely comply. Mayor Newton stated there were six residences included in the notification area. Director Bryner concurred. Mayor Newton stated the briefing analysis states per the Land Development Code, up to 12 single-family residential lots are allowed to be served by a cul-de- sac with R-20 zoning. Mayor Newton asked staff if this means if this item is approved, it will be the twelfth lot and no other properties will be allowed to subdivide. Director Bryner stated if they were to divide they would have to improve the cul- de-sac by acquiring right-of-way and constructing a cul-de-sac. Steve Isbell, applicant, 5112 Oak Timbers Court, briefed the City Council. City Council Minutes October 10, 2017 City of Colleyville Page 15 Mayor Newton asked Mr. Isbell if the other lots on the cul-de-sac are under 40,000 and how long he has lived in Colleyville. Mr. Isbell agreed the other lots are under 40,000 square feet and he has lived in Colleyville for 14 years. Mayor Newton opened the public hearing at 10:28 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:28 p.m. Councilmember Wheat expressed her concern regarding this item not meeting the true requirements of a 100 foot diameter right-of-way and 80 foot of pavement, which means if we approve this we have twelve residences being served by a cul-de-sac that does not exist because this is a dead-end road. Mayor Newton concurred stating the road does not fit in our current ordinance requirements, but the twelfth lot does. Mayor Pro Tem Lindamood concurred with the remarks of Mayor Newton and Councilmember Wheat and stated all the houses are being serviced and adding another residence does not change that. Councilmember Taylor made a motion to approve Resolution R-17-4183. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Mayor Newton recessed the meeting at 10:22 p.m. and reconvened the meeting at 10:31 p.m. 7b Resolution R-17-4184 Consideration of appointments to the Colleyville Economic Development Corporation Mayor Newton read Resolution R-17-4183 in its entirety. Mayor Newton opened the public hearing at 10:56 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:56 p.m. Councilmember Wheat made a motion to approve Resolution R-17-4184 appointing Ralph Hunkins, John Terhoeve, and Mark Slosson to the City Council Minutes October 10, 2017 City of Colleyville Page 16 Colleyville Economic Development Corporation with a term expiring September 2019. Mayor Pro Tem Lindamood seconded the motion. The motion carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor Agenda items 7c through 7g were taken in the following order: 7d, 7e, 7c, 7f, 7b, and 7g. 7c Resolution R-17-4185 Consideration of appointments to the Historical Preservation Committee Mayor Newton read Resolution R-17-4185 in its entirety. Mayor Newton opened the public hearing at 10:49 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:49 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4185 appointing Jeffrey Moschel, Gigi Walker, Zach Atkinson and Jeff Gilstrap to the to the Historical Preservation Committee with a term expiring September 2019 and directing the City Secretary to advertise and accept applications for the remaining vacancies. Councilmember Nakamura seconded the motion. The motion carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7d Resolution R-17-4186 Consideration of appointments to the Library Board Mayor Newton read Resolution R-17-4186 in its entirety. Mayor Newton opened the public hearing at 10:40 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:40 p.m. Councilmember Coplen made a motion to approve Resolution R-17-4186 appointing Kay Newton, Place 1; Pat Jones, Place 3; Billie Tuttle, Place 5; City Council Minutes October 10, 2017 City of Colleyville Page 17 Cecilia Sublette, Alternate 1; Mike Sexton, Alternate 2; with a term expiring September 2019 and Gary McPherson, Place 2, with a term expiring September 2018 to the Library Board. Councilmember Dodson seconded the motion. The motion carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7e Resolution R-17-4187 Consideration of appointments to the Metroport Teen Court Advisory Board Mayor Newton read Resolution R-17-4187 in its entirety. Mayor Newton opened the public hearing at 10:43 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:43 p.m. Councilmember Wheat made a motion to approve Resolution R-17-4187 appointing Kelley Tookey and Sayeda Syed to the Metroport Teen Court Advisory Board with a term expiring September 2018 and appointing Councilmember Tammy Nakamura as City Council Liaison to the board with a term expiring September 2018. Mayor Pro Tem Lindamood seconded the motion. The motion carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7f Resolution R-17-4188 Consideration of appointments to the Planning and Zoning Commission Mayor Newton read Resolution R-17-4188 in its entirety. Mayor Newton opened the public hearing at 10:52 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:52 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-17- 4188 appointing Charles Kelley, Place 5; Claudia Bevill, Place 6; and City Council Minutes October 10, 2017 City of Colleyville Page 18 Jason Elms, Place 7; to the Planning and Zoning Commission with a term expiring September 2019. Councilmember Dodson seconded the motion. The motion carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7g Resolution R-17-4189 Consideration of appointments to the Zoning Board of Adjustment Mayor Newton stated there were not enough applications to fill the positions, and he would like time to advertise and solicit additional applications. Mayor Newton made a motion to table Resolution R-17-4189. Mayor Pro Tem Lindamood seconded the motion. The motion to table carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley 204 Timberline North, spoke regarding the crosswalk and traffic on Bransford Road, sidewalk requirements, and requested the City Council vet board, commission, and committee applicants. 9. REPORTS Special Events Ad Hoc Committee Minutes - August 2, 2017 Water and Wastewater Rate Advisory Committee Minutes - August 22, 2017 Special Events Ad Hoc Committee Minutes - September 6, 2017 Annual activity report of the Colleyville Economic Development Corporation There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 10, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17- 4190 This resolution was not needed. City Council Minutes October 10, 2017 City of Colleyville Page 19 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 11:04 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 7TH DAY OF NOVEMBER 2017. Minutes taken and prepared by: Christine Loven, TRMC City Secretary