HomeMy WebLinkAboutCity Council-Minutes-08/07/2018
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 7, 2018
WORKSESSION
5:00 PM
EXECUTIVE CONFERENCE ROOM - THIRD FLOOR
CALL TO ORDER
WS-1 Presentation of the 2018 certified tax roll
WS-2 Presentation and discussion of the FY 2019 proposed budget
WS-3 Discussion and update on the Southern Gateway Corridor Study
WS-4 Discussion of updates to Chapter 1 of the Land Development Code
WS-5 Discussion and selection of dates for three City Council Worksessions
WS-6 Discussion of the Cheek-Sparger Road Reconstruction Project
WS-7 Discussion of the August 7, 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 the City has received from business
prospects 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 August 7, 2018
City of Colleyville Page 2
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Mike Dawson, First United Methodist Church
PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-18-4288
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4289
4a Approval of the minutes of the regular City Council meeting of July 17,
2018
4b Approval of the minutes of the City Council Worksession of July 19,
2018
4c Approval of a janitorial services contract with Oriental Building
Services, Inc. in an amount not to exceed $134,041, and authorizing
the City Manager to execute the contract, subject to the approval of
funding in the Fiscal Year 2019 (FY 2019) budget
4d Approval to purchase a 14-passenger shuttle bus in the amount of
$55,922 from Creative Bus Sales, an approved vendor through the
HGAC Purchasing Program, and authorizing the City Manager to
execute the purchase agreement
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-18-2054
Approval of a third amendment to the regional municipal court judge
agreement providing for the reappointment of Sara Jane Del Carmen as
the municipal court judge and Tiffany Duong as an associate municipal
court judge
City Council Agenda August 7, 2018
City of Colleyville Page 3
5b Ordinance O-18-2055
Approval of the Fiscal Year 2019 Colleyville Crime Control and
Prevention District budget
6. ORDINANCE(S): FIRST 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
6b WITHDRAWN JULY 25, 2018
Consideration of a zoning change from the AG Agricultural zoning
district to the CC-1 Village Retail zoning district and a Special Use
Permit (SUP) for Cemeteries or Mausoleums on Tract 2B & 2B02,
Abstract 180, in the J L Byas Survey, located at 5713 Colleyville
Boulevard, Case ZC18-001 - WITHDRAWN BY APPLICANT
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
7a Ordinance O-18-2053
Consideration of amendments to the Land Development Code,
specifically Chapter 1 – General Provisions and Chapter 4 –
Landscaping and Buffering
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-18-4290
Appointment of a Contracting Party Representative, Alternate
Contracting Party Representative, and Operating Emergency Contact to
represent the City of Colleyville at the Trinity River Authority's Tarrant
County Water Supply Project Customer City meetings
8b Resolution R-18-4291
Appointment of a Contracting Party Representative, Alternate
Contracting Party Representative, and Operating Emergency
Contact to the Advisory Committee of the Trinity River Authority's
Central Regional Wastewater System
8c Resolution R-18-4292
Consideration of a replat for Lot 21R, Block 2, of the Jewell Estates
Addition, located at 1104 Tinker Road, Case PC18-006
City Council Agenda August 7, 2018
City of Colleyville Page 4
8d Resolution R-18-4293
Consideration of a Minor Plat for Tract 6B03 & 6B3A, Abstract 328, in
the Simon Cotrail Survey, located at 1713 Glade Road, Case PC18-007
8e 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
8f Resolution R-18-4295
Approval of a proposal to set the ad valorem tax rate for Fiscal Year
2019 at $0.3208 per hundred dollars of valuation
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 7,
2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4296
11. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, August
3, 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, August 7, 2018 Council Chambers
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, August 7, 2018, at 5:00 p.m. Mayor Newton introduced new staff
members Erin Spicer, Community Relations Specialist and Ray Silva-Reyes, Public
Works Director.
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 Tammy Nakamura
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, Erin
Spicer, Community Relations Specialist, City Attorney Nicole Corr, and City
Secretary Christine Loven.
WS-1 Presentation of the 2018 certified tax roll
Assistant City Manager Adrienne Lothery stated due to state law requirements the
certified tax roll is listed separately. She noted the City contracts with GCISD for
tax collection and the certified tax roll is based on the certified value as reported
by Tarrant Appraisal District.
WS-2 Presentation and discussion of the FY 2019 proposed budget
Assistant City Manager Adrienne Lothery presented this item, noting City Council
has reviewed and provided direction throughout the budget process and is the
culmination of months of work by staff and City Council. The highlights of the
budget included:
• Proposal of the effective tax which is simply explained as budgeting the
same amount of General Fund tax revenue in FY2019 as in FY2018. Since
property values have gone up on average 7.7%, then the tax rate must be
reduced by that amount to accomplish an effective tax rate.
• Absorption of the 7% increase in health insurance so that city employees do
not have to pay that increase.
City Council Minutes August 7, 2018
City of Colleyville Page 2
• Creating a Health Reimbursement Account and funding it with $1,500 per
employee. This in effect reduces the deductible each employee must pay for
their health insurance.
• Increasing the employee compensation ranges to adjust for CPI and
providing for a merit pool of 3.5%.
• Reducing the Water and Wastewater base rates and including the difference
into the CIP contribution keeping the base operating cost to residents has 1”
or less water lines the same as last year. Passing through the volumetric
water rates from TRA which are increasing, but the city has no control over
those rates.
Manager Lothery quickly reviewed all funds and year one of the several five year
plans. She noted consideration of the proposed tax rate is on the agenda this
evening, stating the resolution is not adopting the tax rate, but simply notifying of
the Council’s intent to pass the effective tax rate.
Manager Lothery concluded by reviewing the calendar dates the budget and tax
adoption ordinances will come before the City Council.
WS-3 Discussion and update on the Southern Gateway Corridor Study
Assistant City Manager Mark Wood highlighted the history of the study and
introduced Greg Last with EDP Best Practices, who conducted the study.
Mr. Last reviewed the study results and recommendations and answered questions
of the City Council.
Mayor Newton stated City Council will schedule a worksession to review the
recommendations and establish a strategy for moving forward.
WS-4 Discussion of updates to Chapter 1 of the Land Development Code
Mayor Newton stated he and Councilmember Dodson have met with staff and
reviewed their recommendations, however, there was not sufficient time to bring
them before the City Council tonight. Mayor Newton believes this item will move
forward at the August 21, 2018 City Council meeting.
WS-5 Discussion and selection of dates for three City Council Worksessions
City Council established the following dates for Worksessions:
City Council Priority Setting Follow-up – September 28 at 6:30 p.m.
Land Development Code, Chapter 5 – September 6 at 5:30 p.m.
Land Development Code, Chapter 7 – October 4 at 5:30 p.m.
City Council Minutes August 7, 2018
City of Colleyville Page 3
WS-6 Discussion of the Cheek-Sparger Road Reconstruction Project
Assistant City Manager Mark Wood presented this item noting the proposed
improvements to Cheek-Sparger Road were safety based and the scope is from
Brown Trail to San Saba. The City has been awarded a grant through TxDOT for
$2,000,000 and the City’s anticipated costs are approximately $563,540.
There was general discussion regarding anticipated costs, engineering design, and
grant requirements. Manager Wood stated he anticipates bringing a contract for
engineering services with Freese and Nichols forward at the next meeting.
WS-7 Discussion of the August 7, 2018, City Council regular agenda items
Mayor Newton stated he is going to give full latitude for review and citizen’s
comments on agenda item 6a, will bring the tax rate resolution to the top of
resolutions, and noted he had provided edits to the minutes which he would like
considered with the motion.
There was no further discussion and Mayor Newton adjourned the worksession at
6:31 p.m.
Mayor Newton called the Executive Session to order at 6:31 p.m. and called the
roll.
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 Tammy Nakamura
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
City Council Minutes August 7, 2018
City of Colleyville Page 4
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects 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 6:59 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:30 p.m. Mayor Newton introduced City Attorney Nicole Corr and
recognized former Colleyville Mayor Ed McKnight was attending this evening’s
meeting.
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 Tammy Nakamura
INVOCATION: Pastor Mike Dawson, First United Methodist Church
PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-18-4288
Mayor Newton read Resolution R-18-4288 in its entirety.
Mayor Newton stated this resolution is for right-of-way for the Glade Road project
and noted there are still a few parcels needed.
Mayor Newton opened the public hearing at 7:39 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:40 p.m.
Mayor Pro Tem Lindamood made a motion to approve Resolution R-18-
4288, and Councilmember Wheat seconded the motion.
The motion to approve carried with the following vote:
City Council Minutes August 7, 2018
City of Colleyville Page 5
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
EXECUTIVE SESSION READING AND PUBLIC HEARING: RESOLUTION R-18-
4288-1
Mayor Newton read Resolution R-18-4288-1 in its entirety.
Mayor Newton stated this resolution is also for right-of-way for the Glade Road
project.
Mayor Newton opened the public hearing at 7:42 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:42 p.m.
Councilmember Wheat made a motion to approve Resolution R-18-4288,
and Councilmember Dodson seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
City Manager Jerry Ducay introduced the new Public Works Director Rey Silva-
Reyes and the new Community Relations Specialist Erin Spicer, both gave a brief
history of their work careers and thanked the City Council and City Manager for
the opportunity.
Mayor Newton stated the Council has adopted a very conservative fiscal policy
strategy. It is to keep general fund expenditures the same year over year if
possible and to pay off city debt and not borrow any additional funds by paying
cash for everything. There is a resolution on this agenda establishing the intent to
adopt an effective tax rate for FY2019 which reflects the very conservative fiscal
policy. Mayor Newton noted while the Council has reduced the tax rate for the last
two years, this proposed tax rate for FY2019 will be an effective tax rate which is
extremely hard to do. Mayor Newton stated property values are increasing, which
City Council Minutes August 7, 2018
City of Colleyville Page 6
is a good and healthy, but the effective tax rate will offset the eight-percent
increase in property value, by taking in the same amount of ad valorem tax
revenue collected last year. He commended Council and staff for their work. He
said this budget and tax rate reflects what is exceptional about this community
and staff. Mayor Newton stated he is receiving requests from other cities to have
him discuss with them how they can achieve the same success. He also stated the
effective tax rate and this budget still provides for the City to absorb increased
health costs and funding of an HRA for employees.
Mayor Newton stated residents will receive a letter from the Mayor in their next
water bill which provides an update on the City and noted the timing for providing
the update was to coincide with the one year anniversary of City Manager Jerry
Ducay’s hiring. Mayor Newton stated the theme is exceptionalism and he hopes
the public will see this is the same way.
Mayor Pro Tem Lindamood stated the fire department attended training on Downs
Syndrome and the police department is working on an internal plan for the first
days of school. Mayor Pro Tem Lindamood thanked both departments for being
proactive.
Mayor Newton stated Police Chief Miller, City Manager Ducay, and Assistant City
Manager Lothery met with GCISD Superintendent Dr. Ryan to discuss plans and
strategies for school safety and it was a productive meeting. Discussion was
centered on three core strategies and he will draft a letter to Dr. Ryan
summarizing the meeting which will explain the meeting content and intent.
Councilmember Wheat announced the library reconfiguration project is underway
and it is anticipated the project will be complete late October. She noted new
technology areas will be added and the plan allows for minimal impact to patrons.
Councilmember Dodson reminded everyone the Farmers Market will be open from
9:00 a.m. to 1:00 p.m. on Saturdays to accommodate the heat.
Councilmember Kelley recognized Matt and Rachel Koch for assisting GRACE with
the Feed our Kids program and stated this has become a personal mission for the
Kochs, and thanked them for their tireless dedication.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4289
4a Approval of the minutes of the regular City Council meeting of July 17,
2018
4b Approval of the minutes of the City Council Worksession of July 19, 2018
4c Approval of a janitorial services contract with Oriental Building Services,
Inc. in an amount not to exceed $134,041, and authorizing the City
City Council Minutes August 7, 2018
City of Colleyville Page 7
Manager to execute the contract, subject to the approval of funding in
the Fiscal Year 2019 (FY 2019) budget
4d Approval to purchase a 14-passenger shuttle bus in the amount of
$55,922 from Creative Bus Sales, an approved vendor through the
HGAC Purchasing Program, and authorizing the City Manager to
execute the purchase agreement
Mayor Newton read Resolution R-18-4289 in its entirety.
City Manager Jerry Ducay presented item 4c and reviewed the cost analysis of
contractor service versus in-house staff. He also presented item 4d, stating the
current van has been in service since 2009.
There were no questions or discussion by City Council and Mayor Newton opened
the public hearing at 8:00 p.m. There was no one present wishing to speak and
Mayor Newton closed the public hearing at 8:00 p.m.
Councilmember Dodson made a motion to approve Resolution R-18-4289,
accepting the Mayor’s edits to the July 17, 2018 City Council Meeting
Minutes, and Councilmember Rigney seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-18-2054
Approval of a third amendment to the regional municipal court judge
agreement providing for the reappointment of Sara Jane Del Carmen as
the municipal court judge and Tiffany Duong as an associate municipal
court judge
Mayor Newton read the caption of Ordinance O-18-2054.
Assistant City Manager Adrienne Lothery presented this item.
Mayor Pro Tem Lindamood stated he serves on the committee which reviews the
judge and he feels we are all very fortunate to have her as a judge.
City Council Minutes August 7, 2018
City of Colleyville Page 8
Mayor Newton noted Judge Del Carmen has driven many efficiencies within the
court and noted she pays the expenses of the associate judge and other expenses
from her salary.
Mayor Newton opened the public hearing at 8:05 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:05 p.m.
Councilmember Wheat made a motion to approve Ordinance O-18-2054,
and Councilmember Kelley seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
5b Ordinance O-18-2055
Approval of the Fiscal Year 2019 Colleyville Crime Control and Prevention
District budget
Mayor Newton read the caption of Ordinance O-18-2055.
Police Chief Michael Miller presented this item and gave a review of the CCCPD
History. There were no changes from the previous briefing, and City Council did
not have any questions.
Mayor Newton opened the public hearing at 8:12 p.m. Kathy Hadley, 204 North
Timberline, spoke regarding Colleyville always be a safe community because of the
quality of the residents. Mrs. Hadley stated Colleyville residents rise to any
occasion, they volunteer, and are always courteous and nice.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 8:14 p.m.
Mayor Newton thanked Mrs. Hadley for her comments and said he believes the
greatest strength of the community are the people who live her and they are
outstanding citizens.
Councilmember Dodson made a motion to approve Ordinance O-18-2055,
and Councilmember Rigney seconded the motion.
The motion to approve carried with the following vote:
City Council Minutes August 7, 2018
City of Colleyville Page 9
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
6. ORDINANCE(S): FIRST 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
The discussion of this item continued four hours and 18 minutes. During this time
Mayor Newton recessed the meeting at 9:54 p.m., reconvened at 10:06 p.m., took
a vote to continue the meeting beyond midnight at 11:52 p.m., and recessed the
meeting Wednesday, August 8, at 12:29 a.m. and reconvened at 12:34 a.m.
Mayor Newton stated this is the first reading therefore, no action will be taken
tonight as all ordinances take two public hearings. He noted the purpose of
tonight is to talk a lot about the case, learn about all the information and issues
and address them as we move forward. Mayor Newton explained staff will make a
presentation, the applicant will provide a briefing and then Council will ask any and
all questions, and then he will open the public hearing. This is to allow everyone
to hear the information and then be able to discuss it. Mayor Newton said this is a
very large zoning request tonight and we will take all the time needed. He stated
Bear Creek is an “iconic” place in Colleyville and Mr. Collins is a longtime resident.
Mayor Newton stated he is aware there has been a lot of discussion between Mr.
Collins and neighbors and he has asked the City Manager to help him record the
items which need to be addressed and the intent is to hear everyone and resolve
all issues.
Mayor Newton explained this is a planned-unit development residential ordinance,
and noted usually there is straight zoning in a category such as R-20, 30, 40, and
approval a plat however, in this case it is a PUD. Mayor Newton stated this PUD is
different because a lot of detail is going to be factored into the ordinance, all
concerns, whatever those are, will be built into this ordinance in detail. Mayor
Newton stated a plat will be associated with this ordinance, or we will not do it
because many of the considerations of the discussions have a lot to do with lot
layout and that is what the plat provides for. Mayor Newton stated he was trying
to address questions and concerns prior to beginning as he is aware it is very
difficult to understand all the questions and concerns.
Mayor Newton read the caption of Ordinance O-18-2056.
City Council Minutes August 7, 2018
City of Colleyville Page 10
Community Development Director Ben Bryner presented this item, giving a
complete history of the project and reviewed the super majority requirements.
Director Bryner’s presentation was approximately 50 minutes in length and very
detailed and covered the entire development and the Land Development Code and
proposed ordinance requirements.
There was discussion regarding requirements of preliminary plats. The Council
also discussed the view of the pond, phasing of the project, the landscape, the
development’s entry, HOA requirements, flood area, fencing, trees, lot sizes, lot
sizes, the development plan, zoning, and the proposal of being a gated
community.
Burk Collins, 312 John McCain Road, the applicant, Randy White, 806 Cleburne
Court, Southlake, and Curtis Young, 8003 Jefferson Circle, representing the
applicant, gave a very detailed presentation, approximately one hour in length,
providing a history of the project, meetings and negotiations with neighbors,
reviewed the redesigns and recapped the requests of neighbors.
Mayor Newton opened the public hearing at 10:08 p.m. The following citizens
provided an opposition presentation and spoke in order recorded.
Jeff Pistor, 7200 Holly Lane; John Perone, 1216 Holly Lane; Ed Palluth, 1212 Holly
Lane; Charles Pearce, 7212 Holly Lane; Donna Kauffman, 1208 John McCain Road;
Kara Fleming, 7312 Hix Court; and Bryan Fleming, 7312 Hix Court.
Each speaker had a specific portion of the presentation to discuss and the
presentation was provided to City Council. The concerns addressed included:
increasing the minimum lot size, adjust lot layout so only one rooftop can be
viewed from Holly Lane, provide a larger buffer or screening, incorporate a
landscape easement, route drainage and reduce pond detention size, add
additional walls and fences, bury utilities, lighting, provide for sewer and water
taps, limit road access from Oak Alley to Holly Lane, traffic, and construction work
hours.
The following did not wish to speak, but filed a speaker card in opposition: Elise
Pistor, 7200 Holly Lane; Susan Perone, 1216 Holly Lane; Joan Palluth, 1212 Holly
Lane; Joyce Pearce, 7212 Holly Lane; Kurt Kauffman, 1208 John McCain Road.
Wayne Rigney, 7308 Hix Court spoke in opposition with concerns for density and
consistency.
Natalie Genco, 1104 John McCain Road, spoke in opposition with concerns for
density, owners tax rate and property value.
City Council Minutes August 7, 2018
City of Colleyville Page 11
Kathy Hadley, 204 Timberline North spoke in opposition with concerns for density
and preserving the larger lots and neighborhoods in Colleyville.
Frank Genco, 1104 John McCain Road, spoke in opposition with concerns for
zoning and building lot size.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 10:59 p.m.
Rich Diote, of Diote Engineering, 420 Johnson Road, Keller, resumed the
developer’s detailed presentation to discuss drainage and erosion.
There was further discussion regarding zoning changes, the Land Development
Code, drainage, street inlets, overflow, fencing, the pond, HOA, entry way, roof
pitch, architectural control committee, depth of the well, sales, marketing, and
roof pitch.
Mayor Newton stated there were many items to be addressed and he will make a
table of all items to discuss with the developer, but provided a short list as follows:
use of easement, sewer lines, zoning, wells, viable ponds, lot sizes, HOA
covenants and deed restrictions, fencing, access to trails. Mayor Newton also
stated the applicant will need to provide a grading plan and elevations.
Mr. Young asked Mayor Newton if his expectation is this information be brought
forward at the next meeting. Mayor Newton responded he would encourage
everyone to take their time and be thorough before returning for the second public
hearing and vote. If necessary this item can be tabled at the next council meeting
to provide additional time to complete all documents required.
This was a first reading, therefore City Council did not take any action.
6b WITHDRAWN
Consideration of a zoning change from the AG Agricultural zoning district
to the CC-1 Village Retail zoning district and a Special Use Permit (SUP)
for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the
J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC18-001 -
WITHDRAWN BY APPLICANT - JULY 25, 2018
Mayor Newton stated this item was withdrawn by the applicant on July 25, 2018.
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
7a Ordinance O-18-2053
Consideration of amendments to the Land Development Code,
specifically Chapter 1 – General Provisions and Chapter 4 – Landscaping
and Buffering
City Council Minutes August 7, 2018
City of Colleyville Page 12
Mayor Newton stated an update was provided to the City Council during the
Worksession, however he recommends this item should remain tabled.
8. RESOLUTION(S): READING AND PUBLIC HEARING
8f Resolution R-18-4295
Approval of a proposal to set the ad valorem tax rate for Fiscal Year
2019 at $0.3208 per hundred dollars of valuation
Mayor Newton stated he was moving this resolution to the beginning as the hour
was late. Mayor Newton read Resolution R-18-4295 in its entirety.
Assistant City Manager Adrienne Lothery presented this item and briefed the City
Council and stated the proposed tax rate is the effective tax rate.
Mayor Newton asked Manager Lothery to explain what an effective tax rate is.
Manager Lothery stated an effective tax rate allows the City to collect the same
amount of revenue this year as was collected last year on the properties that exist
in both years, so it is a proportion. She explained, in this case, the property
values have gone up, but the City has reduced the tax rate, so revenue collected
in each year is equal.
Mayor Newton asked Manager Lothery if establishing an effective tax rate is easy.
She replied it is not and she and the Mayor are not aware of any other cities who
have accomplished this so we are very proud of this. Manager Lothery noted the
Council identified this as a goal last year so we were able to work to save over
$1million in a thoughtful, strategic, and organic way.
Mayor Newton asked Manager Lothery to identify some areas of the budget which
will be provided for, even with the $1 million savings. Manager Lothery responded
the budget allows for the absorption of health insurance increases, funds a merit
pool, HRA plan, covers operating costs and provides $1.5 million to capital
projects.
Mayor Newton noted we are not in austerity mode, we are getting everything done
we wanted to do and taking care of employees and he feels the staff and Council
have done an outstanding job.
Councilmember Dodson stated this is a great year for sure and everyone is very
proud of what this staff has done and reminded everyone two plus years ago the
Council adopted utility billing rate changes which have also been successful.
Mayor Newton opened the public hearing at 12:41 a.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 12:42 a.m.
City Council Minutes August 7, 2018
City of Colleyville Page 13
Councilmember Kelley made a motion to approve Resolution R-18-4295
and 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 Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
8a Resolution R-18-4290
Appointment of a Contracting Party Representative, Alternate
Contracting Party Representative, and Operating Emergency Contact to
represent the City of Colleyville at the Trinity River Authority's Tarrant
County Water Supply Project Customer City meetings
Mayor Newton read Resolution R-18-4290 in its entirety.
Mayor Newton stated this resolution was self-explanatory and allows for City
Council to appoint new staff members Public Works Director Ray Silva-Reyes and
Operations Manager Darrell Uptmore, and reappoint CFO Shereen Gendy to the
Trinity River Authority's Tarrant County Water Supply Project Customer City
meetings.
Mayor Newton opened the public hearing at 12:44 a.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 12:44 a.m.
Councilmember Wheat made a motion to approve Resolution R-18-4290
and Councilmember Dodson seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
8b Resolution R-18-4291
Appointment of a Contracting Party Representative, Alternate
Contracting Party Representative, and Operating Emergency
Contact to the Advisory Committee of the Trinity River Authority's
Central Regional Wastewater System
City Council Minutes August 7, 2018
City of Colleyville Page 14
Mayor Newton read Resolution R-18-4291 in its entirety.
Mayor Newton stated this resolution is the partner resolution to the previous.
There were no questions and Mayor Newton opened the public hearing at 12:46
a.m. There was no one present wishing to speak and Mayor Newton closed the
public hearing at 12:46 a.m.
Councilmember Dodson made a motion to approve Resolution R-18-4291
and Councilmember Rigney seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
8c Resolution R-18-4292
Consideration of a replat for Lot 21R, Block 2, of the Jewell Estates
Addition, located at 1104 Tinker Road, Case PC18-006
Mayor Newton read Resolution R-18-4292 in its entirety.
Community Development Director Ben Bryner presented this item and briefed the
City Council.
Councilmember Dodson asked staff if the drive is needed by the residents.
Director Bryner responded there are easements in place which require the drive to
stay open.
Mayor Newton asked staff if the City has right-of-way. Director Bryner replied
yes.
There were no other questions regarding this item and Mayor Newton opened the
public hearing at 12:53 a.m. There was no one present wishing to speak and
Mayor Newton closed the public hearing at 12:53 a.m.
Councilmember Dodson made a motion to approve Resolution R-18-4292
and Councilmember Kelley seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
City Council Minutes August 7, 2018
City of Colleyville Page 15
Absent: 1 – Councilmember Tammy Nakamura
8d Resolution R-18-4293
Consideration of a Minor Plat for Tract 6B03 & 6B3A, Abstract 328, in
the Simon Cotrail Survey, located at 1713 Glade Road, Case PC18-007
Mayor Newton read Resolution R-18-4293 in its entirety.
Community Development Director Ben Bryner presented this item and briefed the
City Council. There were no questions from City Council and Mayor Newton stated
the request made sense.
Mayor Newton opened the public hearing at 12:59 a.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 12:53 a.m.
Councilmember Wheat made a motion to approve Resolution R-18-4293
and 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 Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
8e 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
Mayor Newton read Resolution R-18-4294 in its entirety.
Community Development Director Ben Bryner presented this item and briefed the
City Council.
There was discussion regarding the right-of-way to be abandoned, the trail
connection, and open space.
City Manager Ducay asked if there was contention with the homeowner. Director
Bryner replied yes, and asked if the applicant could come forward to answer
further questions.
City Council Minutes August 7, 2018
City of Colleyville Page 16
Mike Boswell, 2555 SW Grapevine parkway, Suite 100, Grapevine, Director of Land
Development for Toll Brothers, the applicant, presented this item and briefed the
City Council.
Mayor Newton asked Mr. Boswell why there was a 13 page opposition letter from
the Freitag’s. Mr. Boswell responded, they are not part of the HOA, but they had
built a home on the lot next to the retention facility, but does not want any
retention near them.
Mr. Boswell provided the history of working with the residents, and the specific
studies and processes which have been considered.
Mr. Boswell provided letters of written response for the record which were
provided to Brandon and Elizabeth Battles, 101 John McCain Road, Mark and
Jennifer Johnson, 203 Colden Court, and Susan Rau and Dick Freitag, 7105 Cast
Iron Forest Trail, which outlined the effect of the request for each of those
properties.
Councilmember Wheat asked what the Council is considering. Mr. Boswell
responded they are seeking to reduce the size of the retention pond, which has
been approved by staff and is a combination of a pipe system, yard inlet, and
detention.
There was discussion regarding the depth of the pond, tree preservation, grading,
homes which are not part of the HOA, water flow, maintenance, and ownership of
the pipe.
Tom Stauch, Toll Brothers, spoke regarding the staff approved plan. Mayor
Newton stated there has been too many concerns raised and asked if it would be
problematic to postpone a decision until next meeting.
Mr. Boswell noted it can be tabled, but he would like some guidance regarding
what is at issue and be directed on the resolution. Mayor Newton said he
recommends discussion with staff and he wants the opportunity to address the
points in the 13-page opposition letter.
Mayor Newton opened the public hearing at 2:05 a.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 2:06 a.m.
Councilmember Wheat made a motion to table Resolution R-18-4294 and
Councilmember Rigney seconded the motion.
The motion to table carried with the following vote:
City Council Minutes August 7, 2018
City of Colleyville Page 17
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Kathy Wheat, George Dodson, Chuck Kelley and Callie
Rigney.
Absent: 1 – Councilmember Tammy Nakamura
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
There was no one present wishing to speak.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 7,
2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4296
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the City Council meeting at 2:06 a.m., Wednesday, August 8, 2018.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
21ST DAY OF AUGUST 2018.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary