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HomeMy WebLinkAboutCity Council-Minutes-06/05/2018 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, June 5, 2018 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of Health Insurance Renewal WS-2 Overview of the Budget Process WS-3 Discussion of dates for a City Council goals and objectives worksession WS-4 Discussion of the City Council portrait WS-5 Discussion of the June 5, 2018, 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 items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Glade Road Project Phases 1B and 2 Acquisition of real property along SH26 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 of Colleyville Page 2 City Council Agenda June 5, 2018 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian 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-18-4267 3. ELECTION OF A MAYOR PRO TEM Election of Mayor Pro Tem4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the new City vehicle tailgate wraps – Mayor Newton and Public Information Specialist Dustin Dangli Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for the Fiscal Year 2018 budget - Mayor Richard Newton and CFO Shereen Gendy 5. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4268 5a Approval of the minutes of the Special City Council meeting of May 15, 2018 5b Approval of the minutes of the regular City Council meeting of May 15, 2018 5c Approval of a contract with Merrell Bros., Inc., in an amount not to exceed $388,520, for the dredging of the Kimzey Park pond, and authorizing the City Manager to execute the contract 5d Approval of an amendment to the agreement for professional services with Freese and Nichols, Inc. in an amount not to exceed $183,020 for an additional scope of work, including development of construction documents for the City plaza, and authorizing the City Manager to execute the amendment City of Colleyville Page 3 City Council Agenda June 5, 2018 5e Approval of a construction contract with GRA-Tex Utilities, Inc., for the Manning Drive Wastewater Project 3 and Paving Improvements Project, in an amount not to exceed $606,193.50 which includes a $30,000 contingency, and authorizing the City Manager to execute the contract and any associated change orders 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-18-2044 Consideration of an amendment to the PUD-R Planned Unit Development-Commercial zoning district to allow for a drive-through services on Lot 3, Block 11, Longwood Estates at Ross Downs, located at 7181 Colleyville Boulevard, Case ZC18-009 6b Ordinance O-18-2045 Consideration of a Special Use Permit to exceed the maximum number and total maximum size allowed by right for accessory buildings on Lot 1, Block 1, of the K Bar G Estates addition, located at 6401 Westcoat Drive, Case ZC18-010 6c Ordinance O-18-2046 Consideration of a zoning change from the AG-Agricultural zoning district to the R-40 Single Family Residential zoning district on a portion of Lot 1, Block 1, of the Wood Estates Addition, located at 411 McDonwell School Road E, Case ZC18-011 6d Ordinance O-18-2047 Consideration of a Special Use Permit to exceed the total maximum size allowed by right for accessory buildings and for a Servants' or Caretakers' Quarters on Tract 5B02, Abstract 294, in the Robert Chowing Survey, located at 5810 Pool Road, Case ZC18-012 6e Ordinance O-18-2048 Consideration of a zoning change from the AG-Agricultural and R-20 Single Family Residential zoning districts to the AG-Agricultural and R- 20 Single Family Residential zoning districts on Lot 1, Block 1, of the Allzim Acres Addition, and Tracts 2A7B, 2A8C, & 2A9A, Abstract 533, in the Mary M. Freeman Survey, and Tract 4D02, Abstract 295, in the William E. Crooks Survey, located at 7209 & 7215 John McCain Road, Case ZC18-013 City of Colleyville Page 4 City Council Agenda June 5, 2018 6f Ordinance O-18-2049 Consideration of a zoning change from the AG-Agricultural zoning district to the RE Single Family ‘Estate’ Residential zoning district on Tracts 1B & 1B1A, Abstract 294, in the Robert Chowning Survey, located at 6900 Pool Road, Case ZC18-014 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-18-4268 Consideration for approval of a site plan for athletic fields on Lot 1R, Block 1, of the Covenant Christian Academy Addition, located at 901 Cheek-Sparger Road, Case SP18-001 7b Resolution R-18-4269 Request to appeal the decision of the Sign Board of Appeals for the consideration of a variance to the provisions of Section 7-150, Permanent Freestanding Signs – Sign Classification and Regulations of the Land Development Code, specifically the minimum setback requirements, on Lot 2, Block 1, of the SW Colleyville Office Park Addition, located at 607 Cheek-Sparger Road, Case SC18-001 7c Resolution R-18-4270 Consideration of a waiver request to the sidewalk requirements on Eastpointe Court of Eastpointe Terrace subdivision located at 6480 Pool Road, Case GC18-001 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Worksession Meeting Minutes - February 26, 2018 Planning and Zoning Commission Worksession Meeting Minutes - March 26, 2018 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 5, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4271 11. ADJOURNMENT City of Colleyville Page 5 City Council Agenda June 5, 2018 I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 1, 2018 by 5:00 p.m. Christine Loven, 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, June 5, 2018 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, June 5, 2018, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Councilmember Chuck Kelley ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Brian Riley, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Human Resources Director Jesse Perez, Marketing Coordinator Dustin Dangli, City Attorney Whitt Wyatt, and City Secretary Christine Loven. Mayor Newton recognized Chandler Merritt, Chief of Staff, Office of Tarrant County Judge Glen Whitley was in attendance. WS-1 Discussion of Health Insurance Renewal Human Resources Director Jesse Perez presented an overview of the medical benefits renewal, and introduced Andrew Weegar, Employee Benefits Specialist, IPS Advisors, who presented this item and answered questions of the City Council. Mr. Weegar noted this year’s RFP was for medical only and reviewed the objectives and results of the RFP. Mr. Weegar explained the negotiation process and the ending result of a seven-percent increase in medical renewal. He further explained the City will implement a Health Reimbursement Account (HRA). Mr. Weegar reviewed the recommendations for renewal of vision, dental, ancillary, and employee assistance program benefits. Councilmember Nakamura asked Mr. Weegar if he felt this renewal and rates were competitive with the other cities which he works with. Mr. Weegar stated he felt it was competitive and noted some cities have a much higher average increase of between 16-25 percent. Mayor Newton thanked staff and Mr. Weegar for their work. City Council Minutes June 5, 2018 City of Colleyville Page 2 WS-2 Overview of the Budget Process Assistant City Manager Adrienne Lothery presented this item, reviewing the process for the FY 2019 budget preparation and answered questions of the City Council. Councilmember Wheat asked staff if some vehicles were replaced through the CCCPD fund. Assistant City Manager Lothery stated that is correct and provided information regarding which vehicles were paid from which funds, using some police vehicles being paid out of CCCPD and water utility vehicles being paid from the utility fund as an example. Manager Lothery reviewed the budget worksession calendar and the tax rate procedures. Mayor Newton asked Manager Lothery what the effective tax rate looks like. Manager Lothery stated she could not provide an estimate at this time as there were too many unknowns regarding property valuations from TAD. However, she believes we will have a budget that will support the Council’s strategy of lowering the tax rate to the effective tax rate. WS-3 Discussion of dates for a City Council goals and objectives worksession Mayor Newton and the City Council chose the date of June 20, 2018, for the goals and objectives worksession. This worksession will begin immediately following the budget worksession which begins at 4:00 p.m. WS-4 Discussion of the City Council portrait Mayor Pro Tem Lindamood led the discussion regarding the City Council portrait and the plain look of the City Hall lobby. The City Council agreed they would like something different and the City Manager should be included in the portraits. City Council directed staff to secure a photographer and work with the photographer for a concept. WS-5 Discussion of the June 5, 2018, City Council regular agenda items Mayor Newton noted the City Council received comments today, June 5, 2018, regarding Agenda Item 6e, which have been placed at their seats in the Executive Conference Room. Mayor Newton adjourned the worksession at 6:30 p.m. Mayor Newton called the Executive Session to order at 6:31 p.m. and called the roll. City Council Minutes June 5, 2018 City of Colleyville Page 3 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Councilmember Chuck Kelley 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 items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Glade Road Project Phases 1B and 2 • Acquisition of real property along SH26 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 7:20 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:33 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Minutes June 5, 2018 City of Colleyville Page 4 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-18-4267 This resolution was not needed. 3. ELECTION OF A MAYOR PRO TEM Election of Mayor Pro Tem Mayor Newton opened the floor for nominations for Mayor Pro Tem. Councilmember Wheat made a motion to elect Mayor Pro Tem Bobby Lindamood for the 2018-2019 year, Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Absent: 1 – Councilmember Chuck Kelley 4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton announced Police Chief Michael Miller was in attendance for his first formal City Council meeting and thanked him for attending. Councilmember Wheat encouraged participation in the Library’s Summer Reading Program and noted details are available on the City’s website. Mayor Pro Tem Lindamood encouraged everyone to attend Red, White, and Sousa with Asleep at the Wheel on June 22, 2018 at Colleyville Center. Councilmember Nakamura highlighted the new City of Colleyville website and encouraged citizens with comments to reach out to staff or Councilmember Dodson. Councilmember Dodson reminded everyone early voting was occurring and Election Day is June 16, 2018 at Bransford Elementary School. Presentation of the new City vehicle tailgate wraps – Mayor Newton and Public Information Specialist Dustin Dangli City Council Minutes June 5, 2018 City of Colleyville Page 5 Mayor Newton stated Public Information Specialist Dustin Dangli was leaving Colleyville and going to Cleburne. Mayor Newton thanked Dustin and together they displayed a City vehicle tailgate with a wrap signifying one of the four City initiatives being promoted on City vehicles. Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for the Fiscal Year 2018 budget - Mayor Richard Newton and CFO Shereen Gendy Mayor Newton recognized Assistant City Manager Adrienne Lothery who thanked staff for their work in achieving the GFOA Distinguished Budget Presentation Award for the 24th consecutive year. 5. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4268 5a Approval of the minutes of the Special City Council meeting of May 15, 2018 5b Approval of the minutes of the regular City Council meeting of May 15, 2018 5c Approval of a contract with Merrell Bros., Inc., in an amount not to exceed $388,520, for the dredging of the Kimzey Park pond, and authorizing the City Manager to execute the contract 5d Approval of an amendment to the agreement for professional services with Freese and Nichols, Inc. in an amount not to exceed $183,020 for an additional scope of work, including development of construction documents for the City plaza, and authorizing the City Manager to execute the amendment 5e Approval of a construction contract with GRA-Tex Utilities, Inc., for the Manning Drive Wastewater Project 3 and Paving Improvements Project, in an amount not to exceed $606,193.50 which includes a $30,000 contingency, and authorizing the City Manager to execute the contract and any associated change orders Mayor Newton read Resolution R-18-4268 in its entirety. Parks and Recreation Director Lisa Escobedo presented item 5c. Assistant City Manager Adrienne Lothery presented item 5d and introduced Shane Friese, Freese and Nichols. Assistant City Manager Mark Wood presented item 5e. City Council Minutes June 5, 2018 City of Colleyville Page 6 Mayor Newton opened the public hearing at 8:02 p.m. David Dudziak, 2301 Wilkes Court spoke in support of item 5c and gave a brief history of Kimzey Park. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:05 p.m. Councilmember Dodson made a motion to approve Resolution R-18-4268 and Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Absent: 1 – Councilmember Chuck Kelley 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-18-2044 Consideration of an amendment to the PUD-R Planned Unit Development-Commercial zoning district to allow for a drive-through services on Lot 3, Block 11, Longwood Estates at Ross Downs, located at 7181 Colleyville Boulevard, Case ZC18-009 Mayor Newton read the caption of Ordinance O-18-2044. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Councilmember Dodson asked staff what direction the drive through traffic moved and if there was one access. Director Bryner responded there are two access points and direction of traffic is regulated by the access point. Mayor Newton requested a larger view of the area be provided which includes the other buildings in the area. There was discussion on providing a more detailed drawing and if separation of lanes can be defined. City Manager Ducay stated other items can be defined as well, to include curb, masonry wall, and landscaping. Councilmember Dodson stated he felt it should all be defined. City Council Minutes June 5, 2018 City of Colleyville Page 7 Councilmember Wheat asked if the drive-through can be used for any commercial use. Director Bryner replied other uses are allowed, the exception being a restaurant. Mayor Newton asked staff if this request is a zoning modification. Director Bryner replied that is correct. Mayor Newton asked if a site plan can be required now. Director Bryner stated he would advise the applicant. Mayor Newton opened the public hearing at 8:19 p.m. David Dudziak, 2301 Wilkes Court, spoke in support of this item and controlling traffic to limit disruption to the residential area. Pam Wozniak, 7004 Coleman Court, spoke regarding the late notice concerning the zoning request, concerns regarding traffic and speed. Robert Egan, 2410 Twelve Oaks, spoke in opposition to this item with concerns for the queuing of vehicles and safety of pedestrians. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:24 p.m. This was the first reading, therefore, Council did not take any action. 6b Ordinance O-18-2045 Consideration of a Special Use Permit to exceed the maximum number and total maximum size allowed by right for accessory buildings on Lot 1, Block 1, of the K Bar G Estates addition, located at 6401 Westcoat Drive, Case ZC18-010 Mayor Newton read the caption of Ordinance O-18-2045. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mayor Newton stated this is a large parcel and as he has stated before, he sees no issues with this request. Mayor Newton asked if the rectangles on the exhibit were different parcels. Director Bryner replied this is one parcel, however, a smaller portion is being taxed at the agriculture rate. Mayor Newton opened the public hearing at 8:31 p.m. Chuck Polk, 5705 Ponderosa, spoke in favor of this item on behalf of the applicant. City Council Minutes June 5, 2018 City of Colleyville Page 8 There were no others wishing to speak and Mayor Newton closed the public hearing at 8:31 p.m. This was the first reading, therefore, Council did not take any action. 6c Ordinance O-18-2046 Consideration of a zoning change from the AG-Agricultural zoning district to the R-40 Single Family Residential zoning district on a portion of Lot 1, Block 1, of the Wood Estates Addition, located at 411 McDonwell School Road E, Case ZC18-011 Mayor Newton read the caption of Ordinance O-18-2046. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mayor Newton stated the exhibit shows Cutter Ridge to be AG zoning and asked staff if this is correct as it is a subdivision. Director Bryner stated he can research the history and perhaps provide an answer. Councilmember Wheat asked what the lot size of the new R-40 lot would be. Director Bryner stated 1.44 acres, which exceeds the R-40 requirements. Councilmember Dodson asked for a larger map showing Westcoat and McDonwell Road. Mayor Newton opened the public hearing at 8:38 p.m. Chuck Polk, 5705 Ponderosa, spoke in favor of this item on behalf of the applicant who could not be in attendance. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:39 p.m. Mayor Newton asked who the owner of these parcels were. Mr. Polk stated Mrs. Garrison owns both parcels and the adjacent land to the west. Mayor Newton stated, the most west parcel which is AG, will be incorporated into Mrs. Garrison’s current AG parcel. This was the first reading, therefore, Council did not take any action. City Council Minutes June 5, 2018 City of Colleyville Page 9 6d Ordinance O-18-2047 Consideration of a Special Use Permit to exceed the total maximum size allowed by right for accessory buildings and for a Servants' or Caretakers' Quarters on Tract 5B02, Abstract 294, in the Robert Chowing Survey, located at 5810 Pool Road, Case ZC18-012 Mayor Newton read the caption of Ordinance O-18-2047. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mayor Newton stated this is a large parcel and as he has stated before, he sees no issues with the request for additional accessory buildings, but questions the request for three living units on the property. Director Bryner stated there are two living units when following the letter of what constitutes a living unit; with a living unit being defined as having a kitchen. The Land Development Code allows servant’s quarters or a guest house on a parcel this size. Mayor Newton noted he is familiar with the history of the zoning. It was zoned as a PUD-R allowing one single family residence, but did allow a small horse commercial operation. Everyone needs to understand the property is still zoned in that manner and could be used for a commercial horse farm. Mayor Newton asked if the applicant was present. William Stearman, 2248 Bedford Circle, Bedford, stated the property has been purchased for the sole use of the Stearman family. Mayor Newton asked Mr. Stearman if he was aware of the zoning. Mr. Stearman replied he was and stated he is a veterinarian, but has no intention of making the property a commercial use. Councilman Dodson expressed his concern the owner could rent the units on the property. Mayor Newton asked Mr. Stearman if he would have any issues to adding a stipulation stating this is for family use only and no rentals are allowed into the SUP. Mr. Stearman stated he has no issue with the stipulation. Mayor Newton opened the public hearing at 8:53 p.m. Don Ferrier, 6137 Walnut Drive, Fort Worth, spoke in favor of this item. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:54 p.m. Mayor Newton stated Mr. Stearman is a good neighbor and he applauded his efforts for planting over 100 trees and designing his residence to avoid removing old trees. City Council Minutes June 5, 2018 City of Colleyville Page 10 This was the first reading, therefore, Council did not take any action. 6e Ordinance O-18-2048 Consideration of a zoning change from the AG-Agricultural and R-20 Single Family Residential zoning districts to the AG-Agricultural and R- 20 Single Family Residential zoning districts on Lot 1, Block 1, of the Allzim Acres Addition, and Tracts 2A7B, 2A8C, & 2A9A, Abstract 533, in the Mary M. Freeman Survey, and Tract 4D02, Abstract 295, in the William E. Crooks Survey, located at 7209 & 7215 John McCain Road, Case ZC18-013 Mayor Newton read the caption of Ordinance O-18-2048. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mayor Newton asked staff if there is to be a home on the AG portion of the lot. Director Bryner replied yes, that is his understanding, and the house would be closer to John McCain. Mayor Newton asked why the zoning is AG instead of RE- Residential Estate. Director Bryner replied RE is smaller zoning less than two acres, and the AG zoning is three acre minimum. Councilmember Wheat asked staff is the applicant is trading some R-20 zoning to go to AG zoning so the lots can be put in more appropriately. Director Bryner stated that is correct as the back part of the property is difficult to reach. Councilmember Wheat stated she understood the concept and wondered if those who are in opposition to this request understand the reasoning. Councilmember Wheat stated this end of John McCain is very narrow and curving and she believes putting a subdivision in is dangerous and needs to be addressed. Councilmember Dodson asked for clarification on the location of a house and if minimum requirements are being met. Director Bryner noted all minimum requirements have been met. There was discussion regarding this request being a straight zoning request and the ability to change the zoning to a PUD-R and include a 30-foot landscaping requirement. There was discussion regarding the best location for access to the development and zoning within the development. Mayor Newton opened the public hearing at 9:09 p.m. Christie Kimbell, 7201 Vanguard Court, spoke in opposition of this item, with concerns for trees, easements, and safety. Ms. Kimball stated the developer has City Council Minutes June 5, 2018 City of Colleyville Page 11 been very amenable, but stated all of the assurances have been verbal and everything must be in writing. Sharla Hermes, 7109 Vanguard Court, spoke in opposition to this item with concerns for privacy and quiet, easement and fencing requirements, preference to the zoning being a PUD. Heidi Hughes, 7305 Vanguard Court, spoke in opposition to this item with concerns for the road. Al Zim, 7209 John McCain, spoke in support of this item and stated the John McCain traffic is caused by traffic from 1709 and 114, not the proposed development. Wesley Dawson, 406 Pecan Drive, Irving, Developer, spoke in support of this item and presented this item to the City Council, explaining his interest in tree preservation, making the development a place he and his family will live which is low density and high quality. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:25 p.m. Mayor Newton stated he appreciated everyone’s comments and he believes all the details can be worked out. Mayor Newton provided the following recap of what needs to be addressed: How to address John McCain access and traffic; How to keep control of the development so it conforms with the Colleyville vision; and How to include all these facets by zoning. There was discussion regarding the location of the developer’s home, tree preservation, fencing, HOA covenants, platting, and tree mitigation. Mayor Newton asked Mr. Dawson is he is agreeable to adding conditions to the ordinance and to discussing drainage in the future. Mr. Dawson said he is agreeable to this point but, everything must be documented. This was the first reading, therefore, Council did not take any action. 6f Ordinance O-18-2049 Consideration of a zoning change from the AG-Agricultural zoning district to the RE Single Family ‘Estate’ Residential zoning district on Tracts 1B & 1B1A, Abstract 294, in the Robert Chowning Survey, located at 6900 Pool Road, Case ZC18-014 City Council Minutes June 5, 2018 City of Colleyville Page 12 Mayor Newton read the caption of Ordinance O-18-2049. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Councilmember Wheat asked for clarification of the lot size at 2417 Pool Road. Director Bryner stated this is a different owner. Councilmember Wheat asked if this construction is causing the snake infestation in the Twelve Oaks Subdivision. City Manager Ducay stated the City is sending a professional out to review the area and make recommendations, however, he does not believe there is any action occurring which is causing the snake migration. Councilmember Dodson asked if the property is in the 100 year flood plain. Director Bryner noted there is a very small piece of the property in the flood plain. Mayor Newton opened the public hearing at 9:41 p.m. David Dudziak, 2301 Wilkes Court, spoke in favor of this item on behalf of himself and the Ross Downs HOA and expressed his appreciation to the City Manager to listening to their concerns over the snake infestation. Brian Stewart, 2502 Twelve Oaks Lane, spoke in support of this item and addressed the number of snakes on his property. Wendy Stewart, 2502 Twelve Oaks Lane, spoke in support of this item and stated the snakes are a health hazard. Robert Eagan, 2410 Twelve Oaks Lane, spoke in opposition of this item asking the zoning change wait until the snake issue is addressed and thanked the City for the assistance with the snakes. Mr. Eagan spoke regarding his wife being snake bitten and hospitalized, which is why he requests there be no action until the snakes are addressed. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:51 p.m. This was a first reading, therefore, Council did not take any action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-18-4268 Consideration for approval of a site plan for athletic fields on Lot 1R, Block 1, of the Covenant Christian Academy Addition, located at 901 Cheek-Sparger Road, Case SP18-001 City Council Minutes June 5, 2018 City of Colleyville Page 13 Mayor Newton read Resolution R-18-4268 in its entirety. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Councilman Dodson asked for a clarification on the length and location of the screen. City Manager Ducay asked for additional design elements to be added to the building on Wayne Drive, suggesting the addition of stone and landscaping. Mayor Pro Tem Lindamood stated it appears the tree buffer can be left in place. Mayor Newton stated the original plans called for parking below the ball field and why the new parking lot above ground was now okay. Keith Castello, 2112 Northglen Drive, North Richland Hills, head master at Covenant Christian Academy, representing Covenant Christian Academy (CCA), as the applicant came forward at the Mayor’s request to answer the questions noted. Mr. Castello explained the original parking was to accommodate potential school size, however, the school size and attendance projections at full build-out have been reduced. Additionally, CCA had anticipated field use by third parties and had planned for those occurrences, however, at the time of approval of the previous PUD, the City and neighbors had requested and approved limiting the number of nights the lights could be turned on, which also limited the ability to lease the fields to third parties. These two items led to the elimination of the need for the previously approved parking. Mayor Newton asked Mr. Castello if every parking space, to include the spaces all the way up to Cheek-Sparger Road will need to be utilized to accommodate the current plan. Mr. Castello replied yes. Mayor Newton then asked if in the future, there is residential on Wayne Drive, would CCA be in agreement with the City placing no parking signs along that area. Mr. Castello replied CCA would agree to that and touched on events which CCA has provided a shuttle. Councilmember Dodson asked Mr. Castello how far the net goes. Mr. Castello stated the architect is here and could answer the question better than he, however, the net was designed so an incident of a foul ball going into a resident’s yard would be extremely rare. Clint Wofford, Vice President, Schrickle Rollins Architects, 1161 Corporate Drive West, Arlington, architect, stated the net is 30-feet tall and sits on top of a three- foot retaining wall which extends to the dugout and approximately 80-feet between first and third base. City Council Minutes June 5, 2018 City of Colleyville Page 14 Councilmember Rigney asked if the net could be angled. Mr. Wofford stated angling the net does not help in relationship to a foul ball, the height is the factor to be considered. Mayor Newton asked Mr. Wofford if it would be possible to incorporate the City Manager’s suggestions to enhance the building design. Mr. Wofford stated it could be done as an addition to their original east side design, and dependent on the construction costs. Mayor Newton asked if the action on the resolution can move forward or if it should wait until there is a review of the costs. Mr. Wofford stated he felt the City Council could make the changes conditional and move forward tonight. City Manager Ducay asked Mr. Wofford if landscaping along Wayne Drive had been designed. Mr. Wofford stated yes, there are parkway trees, and retained trees. Additionally, there is beautification with shrubs and grasses in front of the building, parallel to Wayne Drive. Mayor Newton opened the public hearing at 10:18 p.m. The following did not wish to speak, but wanted their consideration read for the record. Support: Kathy Hadley, 204 N. Timberline; Adam Harvell, 909 Harwood Terrace, Bedford; Bobby and Sveta Lowe, 4809 Cranbrook Drive W; Rusty Beam, 4702 Mill Crossing W; Jeff Williamson, 5509 Janet Lane; Shannon Caraway, 1907 Caspian Lane; Steve and Becca Turner, 444 Hillview Drive, Hurst. There were no other cards presented or speakers present wishing to speak and Mayor Newton closed the public hearing at 10:20 p.m. Councilmember Wheat made a motion to approve Resolution R-18-4268, subject to architectural approval by staff to reflect the additional architectural improvements in material and design to reflect the quality on the south side of the building. Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Absent: 1 – Councilmember Chuck Kelley City Council Minutes June 5, 2018 City of Colleyville Page 15 7b Resolution R-18-4269 Request to appeal the decision of the Sign Board of Appeals for the consideration of a variance to the provisions of Section 7-150, Permanent Freestanding Signs – Sign Classification and Regulations of the Land Development Code, specifically the minimum setback requirements, on Lot 2, Block 1, of the SW Colleyville Office Park Addition, located at 607 Cheek-Sparger Road, Case SC18-001 Mayor Newton read Resolution R-18-4269 in its entirety. Community Development Director Ben Bryner presented this item and answered questions of the City Council. There was discussion regarding the previous variance request, the location of the requested sign, parking space requirement, number of tenants to be represented on the sign, regulations for electronic signs, and visibility triangles. Mayor Newton opened the public hearing at 10:32 p.m. Gregg Hutto, 4004 Pendleton Drive, Keller, the applicant, presented this item. There were no others present wishing to speak and Mayor Newton closed the public hearing at 10:38 p.m. Mayor Newton stated he recognized others have applied for a variances which were granted by previous administration, however, those decisions are not always good or bad. Secondly, the City is in the process of going through the Land Development Code in detail and will be updating the sign ordinance and making changes. He advised Mr. Hutto he personally feels the proposed sign is too big and we do not have appropriate language to handle lighted signs. Mayor Newton stated his recommendation is to go along with the Sign Board and staff and decline this request as he would like to get through the review of the sign ordinances so we are in better shape to address the request. Mayor Pro Tem Lindamood stated he too believes the sign is too big, but does believe the applicant’s sign needs to be moved, but sized more appropriately. Councilmember Nakamura asked Mr. Hutto what his main purpose is in moving the sign. Mr. Hutto stated to provide east to west visibility. Councilmember Nakamura asked Mr. Hutto with that in mind, if changes were needed, would you be in agreement to the changes. Mr. Hutto responded yes. Councilmember Wheat asked the City Attorney how long the applicant would have to wait before coming before City Council again, if the vote was to deny the City Council Minutes June 5, 2018 City of Colleyville Page 16 resolution tonight. The City Attorney advised he will review the sign ordinance, but he does not believe there is a stipulated time before this item could be brought forward again. Following discussion Mayor Newton asked Mr. Hutto if he understood the Council’s intent of denying the resolution, but allowing it to come before Council following the update to the Land Development Code and sign ordinance. Mr. Hutto agreed and thanked the Council for their consideration. Mayor Newton made a motion to deny without prejudice Resolution R-18- 4269, Councilmember Wheat seconded the motion. The motion to deny without prejudice carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Absent: 1 – Councilmember Chuck Kelley Mayor Newton recessed the meeting at 10:46 p.m. and reconvened the meeting at 10:53 p.m. 7c Resolution R-18-4270 Consideration of a waiver request to the sidewalk requirements on Eastpointe Court of Eastpointe Terrace subdivision located at 6480 Pool Road, Case GC18-001 Mayor Newton read Resolution R-18-4270 in its entirety. Assistant City Manager Mark Wood presented this item and answered questions of the City Council. Councilmember Dodson asked staff if there is 10-feet between the back of the curb and property line. Manager Wood replied yes. Mayor Newton opened the public hearing at 10:57 p.m. Sue Reed, 2512 Independence Road, President, Heritage Colony HOA and representative, spoke in opposition to this item at this time and gave a presentation regarding the wishes of the residents of the HOA. Ms. Reed asked City Council to delay the item until further discussions with the developer are conducted. Ms. Reed stated concerns center on having a road within 10-feet of residences, due to safety and lights from vehicles. Ms. Reed stated the residents feel a remedy would be to establish and require a substantial greenbelt. City Council Minutes June 5, 2018 City of Colleyville Page 17 The following did not wish to speak but registered opposition at this time to this item: Greg Reed, 2512 Independence Road; Mark and Aleisha Gravit, 2608 Independence Road; and Tara Riley, 2600 Independence Road. There were no others wishing to speak and Mayor Newton closed the public hearing at 11:07 p.m. Mayor Newton stated he agreed with the homeowner’s concerns as presented by Ms. Reed, and the City Council was going to work toward the suggested solutions. Mayor Newton requested the applicant to come forward. Corrine Robertson, 4532 Lone Star Lane, Fort Worth, representing Evolving Texas, the firm designing the development for the applicant, Mr. Baker, presented this item and answered questions of the City Council. There was discussion between Ms. Robertson and the City Council regarding: assurance of a landscape buffer, and the sewer line. Ms. Robertson stated she is not at liberty to make a decision for their client, however, she feels the landscape buffer can be designed, but her concerns are the type of plantings, how the root system will affect the sanitary sewer lines, and who will maintain the greenbelt. There was a discussion concerning adding a masonry wall. Ms. Robertson stated a wall is not supported as the easement is used for the natural flow of drainage and they would not want an impervious structure to interfere with the flow. Mayor Newton asked for an explanation regarding fencing. Ms. Reed stated the fencing was placed by individual homeowners and are a combination of masonry and iron. Mayor Newton recapped the following: Everyone is in agreement with installing a landscape buffer to protect from sound, light, and vehicular traffic; The developer will want to know what the plantings will be to protect the sanitary sewer lines and drainage; The HOA will be responsible for the irrigation and maintenance of the landscape buffer; and The final plat will have to contain a detailed note describing the landscape buffer easement requirements and be subject to compliance and City Council approval. Following discussion, Ms. Reed, Ms. Robertson, and the City Council agreed that writing the above stipulations into the resolution, with the proper language drafted by the City Attorney would satisfy all parties. City Council Minutes June 5, 2018 City of Colleyville Page 18 Councilmember Nakamura made a motion to approve Resolution R-18- 4270; including language to be drafted by the City Attorney which stipulates installation of a landscape buffer, City, Developer, and HOA approval of plantings, HOA to be responsible for the irrigation and maintenance of the landscape buffer, and The final plat will have to contain a detailed note describing the landscape buffer easement requirements and be subject to compliance and City Council approval, Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Absent: 1 – Councilmember Chuck Kelley 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Nancy Rogers, 1612 Cherry Lane spoke regarding saving the oak trees. Kathleen Hennessey, 5013 Stonebridge Drive, spoke regarding saving native post oak trees in Colleyville. 9. REPORTS Planning and Zoning Commission Worksession Meeting Minutes - February 26, 2018 Planning and Zoning Commission Worksession Meeting Minutes - March 26, 2018 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 5, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4271 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 11:43 p.m. City Council Minutes June 5, 2018 City of Colleyville Page 19 APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 19TH DAY OF JUNE 2018. Minutes taken and prepared by: Christine Loven, TRMC City Secretary