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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