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HomeMy WebLinkAboutCity Council-Minutes-08/21/2018 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, August 21, 2018 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 SH26 Median and Rights of Way Conceptual Design Options WS-2 Rezoning of City Property at Longwood WS-3 Discussion of the August 21, 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 SH2 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 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City of Colleyville Page 2 City Council Agenda August 21, 2018 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-18-4297 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamations in recognition of Colleyville First Responders - Crystal Alexander, Dispatcher; Firefighters/Paramedics Robert Creamier and Matt Olson; and Police Officer John Arenz - Mayor Richard Newton In recognition of the Featured Business of the Month - Pediatric Dentistry of Colleyville - 4109 Brown Trail, Suite 102, Dr. Tuong (David) Ta - Mayor Richard Newton and Assistant City Manager Mark Wood 4.CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4298 4a Approval of the minutes of the regular City Council meeting of August 7, 2018 4b Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer 4c Approval of an engineering services agreement with Freese and Nichols, Inc., in an amount not to exceed $319,754 for the design of the Cheek-Sparger Road Improvements Project, and authorizing the City Manager to execute the agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION Monthly Financial Report - July, 2018 6.ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-18-2056 Consideration of a zoning change from the R-40 Single Family Residential zoning district and AG Agricultural zoning district to the PUD-R Planned Unit Development-Residential zoning district on Lot 1R1 and 1R2, Block 1, of the Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly Lane N, Case ZC18-019 City of Colleyville Page 3 City Council Agenda August 21, 2018 7.ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-18-2057 Consideration of amendments to the Land Development Code, specifically Chapter 6 – Commercial Design Standards, Chapter 8 - Plat Review Procedures, and Chapter 9 - Subdivision Design & Public Facilities 8. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 8a Ordinance O-18-2053 Consideration of amendments to the Land Development Code, specifically Chapter 1 – General Provisions and Chapter 4 – Landscaping and Buffering 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 9a Resolution R-18-4294 Consideration of a final plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, located at 105 and 103 John McCain Road and 7189 Cast Iron Forest Trail, Case PC17-004 10.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 11.REPORTS Library Board Minutes - June 11, 2018 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR August 21, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4299 13.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, August 16, 2018 by 5:00 p.m. Christine Loven, TRMC City Secretary City of Colleyville Page 4 City Council Agenda August 21, 2018 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, August 21, 2018 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, August 21, 2018, at 5:00 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. 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, Public Works Director Ray Silva-Reyes, Library and Special Events Director Mary Rodne, Colleyville Center Manager Leslie Hill, Parks and Recreation Director Lisa Escobedo, Community Relations Specialist Erin Spicer, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 SH26 Median and Rights of Way Conceptual Design Options Assistant City Manager Adrienne Lothery gave an introduction to the project and stated MESA Design Group has been developing the design for the past three months and introduced Stan Cowan and Aaron Duncan, principal designers. Mr. Cowan introduced the other team members: Jason Cooper, Shuran Qu, Natalie Campbell, and David Newman. Mr. Cowan and Mr. Duncan gave a detailed presentation, outlining design concepts, summary assessments, cost projections, maintenance requirements, options, and priorities. There was discussion between Mr. Cowan, Mr. Duncan, City Manager Jerry Ducay, and City Councilmembers. Mayor Newton and the City Council agreed their first choice of median design is the “ribbon” and they would like to consider the upgrade on trees, cut out the light footings on the west side and repurpose, do not install footings on the east, and move forward with the sidewalk install. City Council would also like the retaining walls to be stamped and constructed with a ledge. WS-2 Rezoning of City Property at Longwood Community Development Director Ben Bryner presented this item and answered questions of the City Council. City Council Minutes August 21, 2018 City of Colleyville Page 2 Mayor and City Council directed staff to move forward with rezoning the property to AG-Agricultural. WS-3 Discussion of the August 21, 2018, City Council regular agenda items Mayor Newton stated the applicant for item 6a, Ordinance O-18-2056, on this agenda has requested the item be tabled. Mayor Newton explained he will give the high level overview of the case and recommend the item be tabled to October 16, 2018 meeting. Mayor Newton stated he plans to move 9a, Resolution R-18-2056 before the ordinances as the item had been tabled at the last meeting. Mayor Newton adjourned the worksession at 6:29 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. 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 SH2 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, 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 7:04 p.m. City Council Minutes August 21, 2018 City of Colleyville Page 3 The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:32 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 Kyle Bauman, Bear Valley 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-18-4297 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamations in recognition of Colleyville First Responders - Crystal Alexander, Dispatcher; Firefighters/Paramedics Robert Creamier and Matt Olson; and Police Officer John Arenz - Mayor Richard Newton Mayor Newton recognized Crystal Alexander, Dispatcher; Firefighters/Paramedics Robert Creamier and Matt Olson; and Police Officer John Arenz for saving the life of a Colleyville resident. In recognition of the Featured Business of the Month - Pediatric Dentistry of Colleyville - 4109 Brown Trail, Suite 102, Dr. Tuong (David) Ta - Mayor Richard Newton and Assistant City Manager Mark Wood Mayor Richard Newton and Assistant City Manager Mark Wood recognized Pediatric Dentistry of Colleyville - 4109 Brown Trail, Suite 102, Dr. Tuong (David) Ta as the featured business of the month. Dr. Ta thanked the Mayor and Council for the recognition, stating he is honored and humbled by the recognition. Councilmember Wheat stated Dr. Ta is their dentist and she was appreciative of and thankful for his actions and demeanor during a recent dental emergency. Mayor Newton stated the financial report is going to be given this evening, but he wanted to comment on the sales tax being over projections this month and surpassing area cities. Mayor Newton stated the SH26 construction is a tough project, but with the assistance of the Q1P, Q2P, and Q3P programs, sales tax revenue is up just under four-percent year to date and we are blessed. City Council Minutes August 21, 2018 City of Colleyville Page 4 Mayor Pro Tem Lindamood noted there is an item on the agenda for improvements to Cheek-Sparger Road and explained approval will allow Freese and Nichols to design the reconstruction of Cheek-Sparger from San Bar to Oakbriar. The project will reconstruct and widen a portion of the road and provide a 5-foot shoulder, curb and gutter, sidewalk, and new guardrail. The existing curve will be smoothed out, making the section safer for motorists. Mayor Pro Tem Lindamood stated the project is largely funded with Highway Safety Improvement Project (HSIP) grant funds in partnership with TxDOT. The HSIP program is a 90/10 split federal/City and with the City receiving $1.8 million in grant funding for the project. Mayor Pro Tem Lindamood stated Assistant City Manager Mark Wood also identified another $330,000 savings for the City with those costs being allocated to the state. In total, Colleyville is saving $2.1 million on this project by receiving the grant. Mayor Pro Tem Lindamood noted we should express our appreciation to all our partners and Commissioner Gary Fickes who helps us save money. Mayor Pro Tem Lindamood thanked all City staff for their work. Mayor Newton noted Mayor Pro Tem had given a lot of numbers and he is right, the City staff and City Council are working hard and have been able to bring an effective tax rate. Councilmember Nakamura stated signage is being placed in the roundabouts where improvements are being made so residents are aware of the upcoming project. Councilmember Nakamura thanked Parks and Recreation Director Lisa Escobedo and her team for all their work on the beautification efforts. Councilmember Wheat stated Leadership Colleyville will launch in the fall and encouraged residents to sign up and attend. Councilmember Wheat also expressed her appreciation to the police department for all their efforts at the area schools. She noted they have worked to make the school year start out right and secure. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4298 4a Approval of the minutes of the regular City Council meeting of August 7, 2018 4b Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer City Council Minutes August 21, 2018 City of Colleyville Page 5 4c Approval of an engineering services agreement with Freese and Nichols, Inc., in an amount not to exceed $319,754 for the design of the Cheek-Sparger Road Improvements Project, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-18-4298 in its entirety. Police Chief Michael Miller presented item 4b and thanked Autobahn for their partnership and support. Public Works Director Ray Silvas-Reyes presented item 4c which had been recapped by Mayor Pro Tem Lindamood during the announcements agenda item. Councilmember Dodson noted while the lanes are not larger, there is a larger shoulder. Mayor Newton stated there are currently no bicycle lanes on Cheek-Sparger and this project will allow more movement along Cheek-Sparger. Mayor Pro Tem Lindamood stated the City will also be very sensitive to personal property rights and tree mitigation during this project. Mayor Newton opened the public hearing at 8:11 p.m. Kathy Hadley, 204 North Timberline spoke in opposition to item 4c with concerns for the widening creating a freeway and removing the curve taking away from the country atmosphere. John Lee, 103 Franklin Court, spoke in opposition to item 4c with concerns for the widening allowing too much width which allows drivers to swerve too far. Mayor Pro Tem Lindamood noted he agreed with Mr. Lee but noted the curve will be softened, but not removed. Mayor Newton stated there will also be four public meetings so residents can see the plans and provide comment. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:15 p.m. Councilmember Dodson made a motion to approve Resolution R-18-4298, requesting a spelling correction on page 10 of the minutes, and Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: City Council Minutes August 21, 2018 City of Colleyville Page 6 Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION Monthly Financial Report - July, 2018 Assistant City Manager Mark Wood reviewed the July financial report noting ambulance, recreation, and sales tax revenue are all up over projections. Mayor Newton stated we have the opportunity to see our neighboring cities sales tax revenues and some of their sales tax revenue is remaining steady while Colleyville’s is up, although they are larger than Colleyville. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-18-2056 Consideration of a zoning change from the R-40 Single Family Residential zoning district and AG Agricultural zoning district to the PUD-R Planned Unit Development-Residential zoning district on Lot 1R1 and 1R2, Block 1, of the Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly Lane N, Case ZC18-019 Mayor Newton stated the applicant has requested the item to be tabled. He then gave the highlights of the discussion at the August 7, 2018 meeting and updated everyone on the verbal agreements made between the developer and the residents on the west side of the development since the last Council meeting. Mayor Newton stated all agreements, both verbal and written, will be included in the PUD ordinance. Mayor Newton also summarized all of the development documents the applicant would have to provide to the City prior to the Council meeting where the vote will be taken so City staff and the residents would have ample opportunity to review them. Mayor Newton also stated the list of items for the applicant was significant and he was preparing a table of items to be addressed. Mayor Newton stated due to the extensive number of items to be addressed, he will be making a motion to table this item to October 16, 2018, to allow ample time for all items to be addressed. He noted the first meeting in October is Monday, October 1, 2018, due to National Night Out on Tuesday, October 2, which would have been the normal day for the first Council meeting of the month. Mayor Newton made a motion to table Ordinance O-18-2056 to the October 16, 2018 City Council Meeting, and Councilmember Nakamura seconded the motion. City Council Minutes August 21, 2018 City of Colleyville Page 7 The motion to table was carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-18-2057 Consideration of amendments to the Land Development Code, specifically Chapter 6 – Commercial Design Standards, Chapter 8 - Plat Review Procedures, and Chapter 9 - Subdivision Design & Public Facilities Mayor Newton read the caption of Ordinance O-18-2057. Community Development Director Ben Bryner presented this item. There was discussion regarding the policy changes for sidewalks. City Manager Ducay stated the review process will continue to evolve. Mayor Newton declared a recess at 10:01 p.m. and reconvened at 10:09 p.m. Mayor Newton opened the public hearing at 10:09. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:10. This was a first reading therefore, City Council did not take any action. 8. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 8a Ordinance O-18-2053 Consideration of amendments to the Land Development Code, specifically Chapter 1 – General Provisions and Chapter 4 – Landscaping and Buffering Mayor Newton made a motion to remove this item from the table, seconded by Councilmember Dodson and passed by unanimous voice vote of aye. Mayor Newton read the caption of Ordinance O-18-2053. Community Development Director Ben Bryner presented this item. Mayor Newton stated he and Councilmember Dodson met with Director Bryner, City Manager Ducay, and Assistant City Manager Wood to address their concerns and were now comfortable with the documents. City Council Minutes August 21, 2018 City of Colleyville Page 8 Mayor Newton opened the public hearing at 10:28. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:28. Councilmember Nakamura made a motion to approve Ordinance O-18- 2053 and Councilmember Rigney 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, Chuck Kelley and Callie Rigney. 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 9a Resolution R-18-4293 Consideration of a final plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, located at 105 and 103 John McCain Road and 7189 Cast Iron Forest Trail, Case PC17-004 Mayor Newton addressed this item before addressing Ordinance O-18-2057, as this item came before the City Council at 1:30 a.m. at August 7, 2018 meeting. Mayor Newton stated as there is no new information since the August 7, 2018 meeting, he is not removing this item from the table. Mayor Newton allowed Mike Boswell, the applicant to answer questions of the Council and City Manager. There was discussion between the City Manager, the applicant, City Council, and Barry Knight of Toll Brothers, regarding what needs to occur before this item is removed from the table. Mayor Newton also allowed Susan Raud, 7105 Cast Iron Forest Trail, to speak on this item with concerns for the trees, detention ponds and drainage. Mrs. Raud was opposed. Mayor Newton also called on Beth Battles, 101 John McCain Road, to speak on this item and address the Mayor’s questions regarding the trees. Mrs. Battles also stated she was in opposition to this resolution. 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. 11. REPORTS Library Board Minutes - June 11, 2018 City Council Minutes August 21, 2018 City of Colleyville Page 9 There was no discussion of this item. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 21, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18- 4299 This resolution was not needed. 13. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 10:31 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 4TH DAY OF SEPTEMBER 2018. Minutes taken and prepared by: Christine Loven, TRMC City Secretary