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HomeMy WebLinkAboutCity Council-Minutes-06/19/2018 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, June 19, 2018 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Review and discussion of the City Council Rules of Procedure WS-2 Discussion and review of the City of Colleyville investment policy and propose changes WS-3 Discussion of possible disannexation request for certain real property along Chadwick Crossing WS-4 Update and discussion on SH26 project phasing WS-5 Discussion of the June 19, 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the Director of Public Works City Council Agenda June 19, 2018 City of Colleyville Page 2 Section 551.074 - Personnel – Update regarding City personnel administration from the City Manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Katie Lewis, First United Methodist 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-18-4272 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the Featured Business of the Month - Modish Boutique, 4400 Colleyville Boulevard, Morgan Fenton owner - Mayor Richard Newton 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4273 4a Approval of the minutes of the regular City Council meeting of June 5, 2018 4b Approval of a construction contract with Ratliff Hardscape, Ltd. for the 2018 Miscellaneous Concrete Repair Contract, in an amount not to exceed $400,000, and authorizing the City Manager to execute the contract 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-18-2044 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial zoning district to allow for a drive-through service on Lot 3, Block 11, Longwood Estates at Ross Downs, located at 7181 Colleyville Boulevard, Case ZC18-009 City Council Agenda June 19, 2018 City of Colleyville Page 3 5b Ordinance O-18-2045 Consideration of a Special Use Permit to exceed the maximum number and total maximum size allowed by right for accessory buildings on Lot 1, Block 1, of the K Bar G Estates addition, located at 6401 Westcoat Drive, Case ZC18-010 5c Ordinance O-18-2046 Consideration of a zoning change from the AG-Agricultural zoning district to the R-40 Single Family Residential zoning district on a portion of Lot 1, Block 1, of the Wood Estates Addition, located at 411 McDonwell School Road E, Case ZC18-011 5d Ordinance O-18-2047 Consideration of a Special Use Permit to exceed the total maximum size allowed by right for accessory buildings and for a Servants' or Caretakers' Quarters on Tract 5B02, Abstract 294, in the Robert Chowing Survey, located at 5810 Pool Road, Case ZC18-012 5e Ordinance O-18-2048 Consideration of a zoning change from the AG-Agricultural and R-20 Single Family Residential zoning districts to the AG-Agricultural and R-20 Single Family Residential zoning districts on Lot 1, Block 1, of the Allzim Acres Addition, and Tracts 2A7B, 2A8C, & 2A9A, Abstract 533, in the Mary M. Freeman Survey, and Tract 4D02, Abstract 295, in the William E. Crooks Survey, located at 7209 & 7215 John McCain Road, Case ZC18-013 5f Ordinance O-18-2049 Consideration of a zoning change from the AG-Agricultural zoning district to the RE Single Family ‘Estate’ Residential zoning district on Tracts 1B & 1B1A, Abstract 294, in the Robert Chowning Survey, located at 6900 Pool Road, Case ZC18-014 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-18-4274 Consideration of a replat for Lot 1R, Block 1, Wood Estates Addition and Lot 1, Block 1, Westcoat Estate Addition, located at 406 & 411 McDonwell School Road E and 6605 Westcoat Drive, Case PC17-027 6b Resolution R-18-4275 Consideration of a Preliminary Plat for the Oak Creek Addition, located at 7209 & 7215 John McCain Road, Case PC18-005 City Council Agenda June 19, 2018 City of Colleyville Page 4 6c Resolution R-18-4276 Consideration of appointing a member to the Planning and Zoning Commission 6d Resolution R-18-4277 A resolution appointing members to the Tax Increment Financing (TIF) District Board to fill unexpired terms 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Monthly Financial Report - May 31, 2018 Discussion of the City of Colleyville Popular Annual Financial Report (PAFR) for Fiscal Year 2017 Planning and Zoning Commission Minutes - March 26, 2018 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 19, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4278 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday June 15, 2018 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting.   Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 19, 2018 Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, June 19, 2018, at 5:32 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. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Brian Riley, Community Development Director Ben Bryner, Library and Special Events Director Mary Rodne, Colleyville Center Manager Leslie Hill, Parks and Recreation Director Lisa Escobedo, Information Services Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Review and discussion of the City Council Rules of Procedure Mayor Newton led the discussion regarding the City Council Rules of Procedure. City Council requested the following updates: Section V. Agenda D. Add h. Financial Report and correct lettering system. j. Discussion of items not for action – add (or earlier at the discretion of the Mayor or the majority of the Council). Moving the financial report up on the agenda following the consent agenda. City Council further directed staff to research having a permanent recording of Executive Sessions. A resolution approving the changes to the Rules of Procedure will be brought forward at a future City Council meeting. WS-2 Discussion and review of the City of Colleyville investment policy and proposed changes Chief Financial Officer Shereen Gendy presented this item and explained the Audit Committee has reviewed the recommendations also. WS-3 Discussion of possible disannexation request for certain real property along Chadwick Crossing City Council Minutes June 19, 2018 City of Colleyville Page 2 Mayor Newton discussed the history of this item and stated the residents who are seeking to disannex met with him and the City Manager. Mayor Newton stated the collective concerns of the residents centered on relating more to Southlake as they do not have residential access from Colleyville and they are in Southlake schools. During the meeting the Colleyville services: sewer, water, police, and fire were discussed and Mayor Newton stated Southlake was collecting sewer fees, but those fees have not been paid to Colleyville. City Manager Ducay stated it appears Southlake owes Colleyville approximately $145,000, which they will pay after both cities work to reconcile the records. Mayor Newton stated City Manager Ducay outlined what he felt would be a fair land and services swap if the disannexation were to occur. Both parties agreed to continue discussions and he will continue to keep the City Council apprised. WS-4 Update and discussion on SH26 project phasing Mayor Newton stated Phase II is ahead of schedule which is allowing the City to move forward with Phase III sooner, but there are contract dates and details which will need to be adjusted. Mayor Newton highlighted the next steps for Phase III of the project and noted the City and TxDOT will conduct an open house for residents and businesses at Colleyville Center on Wednesday, June 27, which will provide information regarding the phasing and Mr. Min Tran, TxDOT will be present at the next Council meeting to bring further updates. Mayor Newton noted the City will be seeking to receive access to $700,000 in TxDOT’s budget for landscaping and the City will add to it and take ownership of the landscaping. Mayor Newton noted $350,000 of the funding is from the Green Ribbon grant and there is a stipulation on the timeframe in which the funds must be spent. A resolution will be placed on the July 2, 2018 City Council Agenda. Mayor Newton also advised the pedestals for the street lights west side of SH26, had been constructed without bolts, and the City has agreed to hire an independent engineer to assist with options for correction. WS-5 Discussion of the June 19, 2018, City Council regular agenda items Mayor Newton noted there were two resolutions on the agenda appointing members to the Planning and Zoning Commission and Tax Increment Finance District and asked City Council to review the corrections to the minutes which were distributed and consider them when making a motion on the consent resolution. Mayor Newton also discussed item 5f on the agenda, noting the City is in the process of contracting with a snake abatement company to trap snakes along the creek. Mayor Newton adjourned the worksession at 6:27 p.m. City Council Minutes June 19, 2018 City of Colleyville Page 3 Mayor Newton called the Executive Session to order at 6:28 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. 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the Director of Public Works Section 551.074 - Personnel – Update regarding City personnel administration from the City Manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.074 - Personnel and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:14 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:32 p.m. City Council Minutes June 19, 2018 City of Colleyville Page 4 INVOCATION: Pastor Katie Lewis, First United Methodist 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-18-4272 Mayor Newton read Resolution R-18-4272 in its entirety. Mayor Newton explained this resolution was for right of way for the Glade Road project. Mayor Newton opened the public hearing at 7:37 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:37 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-18- 4272 and Councilmember Nakamura 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. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton read a letter of thanks to the Colleyville Fire Department for their professional and courteous elevator rescue on Saturday, June 16. Mayor Newton thanked the fire department and recognized Chief Brian Riley, and the fire fighters who were in attendance. Mayor Newton announced City Council interviewed a candidate put forth by the City Manager for the Public Works Director position, and they hope to have a formal announcement at the next City Council meeting. While searching for a new Director, City Manager Ducay and Assistant City Manager Wood have shared the duties of managing the Public Works Department. Mayor Newton also announced Public Works staff recently completed shoreline stabilization of Little Bear Creek in the Tara Subdivision, noting the embankment presented a public safety concern and connects to Sparger Park. Mayor Newton City Council Minutes June 19, 2018 City of Colleyville Page 5 thanked the department and stated this is yet another example of the work completed by our talented team of professionals. Mayor Newton stated SH26 is nearing completion of Phase II, with only the bridge work yet to be completed, and the City has discussed moving forward with the Phase III work ahead of schedule. On June 27 an open house will be held at Colleyville Center from 5-7 p.m. to review the SH26 construction transition to Phase III. City and TxDOT staff will be present to answer questions and review comments from the public, and at the July 2 City Council meeting representatives from TxDOT will provide an overview of the Phase III construction transition. A resolution seeking the transfer of jurisdictional control of the TxDOT funds allocated for landscaping enhancements as part of the SH26 construction, will also be brought forward at that time. Mayor Newton reviewed the City’s Q1P and Q2P business promotions and highlighted their success. He then explained the next Q3P will be a $10 gift card mailed to every residence which will provide for $10 off any purchase of $20 or more in any Colleyville business. The program begins July 1 and runs through September 30, 2018. Mayor Newton said also in an effort to assist those businesses in the SH26 construction corridor, the City is temporarily relaxing the regulations on special event signs and waiving the $50 permit fee. Mayor Newton stated a Highway 26 business support team comprised of the Chamber of Commerce, CEO Organization, Colleyville Lions Club, the City, local businesses, organizations and citizens, will visit all of the businesses on SH26 by the end of July in an effort to show support, encourage shopping, and provide a connection to the City and TxDOT. Mayor Newton introduced Carolyn Sims, President of the Colleyville Chamber of Commerce, who further explained the program and thanked the City. Mayor Newton reported the April sales tax report shows positive growth for the third consecutive month. Mayor Newton reminded everyone of the Red, White, and Sousa concert with Asleep at the Wheel on June 22. The Texas Commission on the Arts approved a $4,572 grant to the City of in support of the concert, and this is the fifth year the City has received grant support for Red, White and Sousa performers. Mayor Pro Tem Lindamood announced there will be a Coffee with First Responders at Market Street, Thursday, June 28 and invited everyone to visit with Fire Chief Riley and Police Chief Miller, and their staffs. City Council Minutes June 19, 2018 City of Colleyville Page 6 In recognition of the Featured Business of the Month - Modish Boutique, 4400 Colleyville Boulevard, Morgan Fenton owner - Mayor Richard Newton Mayor Newton and City Manager Ducay welcomed Featured Business of the Month owner Morgan Fenton, Modish Boutique. Ms. Fenton thanked the Mayor and Council for the recognition and encouraged everyone to try the boutique, which is open seven days a week. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18- 4273 4a Approval of the minutes of the regular City Council meeting of June 5, 2018 4b Approval of a construction contract with Ratliff Hardscape, Ltd. for the 2018 Miscellaneous Concrete Repair Contract, in an amount not to exceed $400,000, and authorizing the City Manager to execute the contract Mayor Newton read Resolution R-18-4273 in its entirety. City Manager Jerry Ducay provided information regarding item 4b. Mayor Newton opened the public hearing at 8:09 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:09 p.m. Councilmember Wheat made a motion to approve Resolution R-18-4273, accepting the June 5, 2018 minutes as corrected and Councilmember Kelley 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. Councilmember Chuck Kelley stated he is recusing himself from items 5a through 6b as he served as Place 5 Commissioner on the Planning and Zoning Commission when these items were heard. City Council Minutes June 19, 2018 City of Colleyville Page 7 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-18-2044 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial zoning district to allow for a drive-through service on Lot 3, Block 11, Longwood Estates at Ross Downs, located at 7181 Colleyville Boulevard, Case ZC18-009 Mayor Newton read the caption of Ordinance O-18-2044. Community Development Director Ben Bryner presented this item and answered questions of the City Council. There was discussion regarding path of travel and speed, parking spaces, queuing of the cars, zoning, safety, entrances, and location of the drive through. Pat and Dave Aistrup, 2201 Daniel Drive, could not be present and Mayor Newton read their opposition email for the record. Mayor Newton opened the public hearing at 8:33 p.m. David Dudziak, 2301 Wilkes Court, spoke in favor of this item, but encouraged there be signage and/or striping to help keep traffic on SH26 instead of the residential streets. Amanda Pillai, 6900 Upland Lane, spoke in opposition to this item with concerns for the flow and U-turn traffic. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:36 p.m. There was further discussion regarding traffic, distance between buildings, fire lanes, landscaping/hardscaping, and location of the collection window. City Manager Ducay directed staff to bring forward a scenario of stacking plans, how cars would interact, type of distance along the building, and moving the building location. Mike Sartain, 7113 Cedar Court, applicant, spoke regarding the path of travel and parking ratio. Mayor Newton asked Mr. Sartain if he could bring forward a different building plan and landscape plan if this item was tabled. City Manager Ducay asked Mr. Sartain if he would rearrange the building with a large radius and place the window at the far north back of the building. Mayor Newton suggested considering placing a barrier, to which Manager Ducay stated would have to be masonry and not a landscape. City Council Minutes June 19, 2018 City of Colleyville Page 8 Councilmember Nakamura made a motion to table Ordinance O-18-2044 and amended the motion to a date certain of July 17, 2018, and Councilmember Dodson seconded the motion. Mayor Newton asked Mr. Sartain how much time he would need. Mr. Sartain asked for at least three weeks, making July 17, 2018 workable. The motion to table carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Recused: 1 – Councilmember Chuck Kelley 5b Ordinance O-18-2045 Consideration of a Special Use Permit to exceed the maximum number and total maximum size allowed by right for accessory buildings on Lot 1, Block 1, of the K Bar G Estates addition, located at 6401 Westcoat Drive, Case ZC18-010 Mayor Newton read the caption of Ordinance O-18-2045. Community Development Director Ben Bryner presented this item, stating there were no updates, and answered questions of the City Council. Mayor Newton stated this is a second hearing and this is a large estate and he has no additional questions from the previous meeting. Mayor Newton open the public hearing at 8:56 p.m. Kathy Hadley, 204 North Timberline, spoke in favor of this item, but expressed concerns of City Council setting a precedent regarding what is allowed in a residential neighborhood. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:58 p.m. Mayor Newton thanked Ms. Hadley for her comments and said this is a large lot, with acreage, and the current policy is too limited for such acreage, and the City Council plans to change the ordinance accordingly. Councilmember Dodson made a motion to approve Ordinance O-18-2045 and Councilmember Wheat seconded the motion. City Council Minutes June 19, 2018 City of Colleyville Page 9 The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Recused: 1 – Councilmember Chuck Kelley 5c Ordinance O-18-2046 Consideration of a zoning change from the AG-Agricultural zoning district to the R-40 Single Family Residential zoning district on a portion of Lot 1, Block 1, of the Wood Estates Addition, located at 411 McDonwell School Road E, Case ZC18-011 Mayor Newton read the caption of Ordinance O-18-2046. Community Development Director Ben Bryner presented this item, noting there were no updates from the previous reading, and answered questions of the City Council. Mayor Newton stated Mrs. Garrison owns all the land, Director Bryner concurred. Mayor Newton open the public hearing at 9:06 p.m. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition to this item with concerns for driving the area at night, because McDonwell School Road terminates at this land. Jeff Polk, 1904 Industrial, Suite 104, speaking on behalf of Mrs. Garrison advised the City Council the existing roadway easement does not go through to her property. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:08 p.m. There was general discussion regarding McDonwell School Road. Councilmember Nakamura made a motion to approve Ordinance O-18- 2046 and Councilmember Dodson seconded the motion. City Council Minutes June 19, 2018 City of Colleyville Page 10 The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Recused: 1 – Councilmember Chuck Kelley 5d Ordinance O-18-2047 Consideration of a Special Use Permit to exceed the total maximum size allowed by right for accessory buildings and for a Servants' or Caretakers' Quarters on Tract 5B02, Abstract 294, in the Robert Chowing Survey, located at 5810 Pool Road, Case ZC18-012 Mayor Newton read the caption of Ordinance O-18-2047. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mayor Newton reiterated the details of the second casita, trees, the intent for the use of the buildings for family, and what constitutes living quarters. Mayor Newton open the public hearing at 9:17 p.m. William Stearman, 2248 Bedford Circle, Bedford, property owner, advised he was present and would answer questions of the Council Jeff Polk, 1904 Industrial, Suite 104, spoke in favor of this item and urged City Council to approve smaller detached buildings. Kathy Hadley, 204 Timberline North, spoke in favor of this item. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:22 p.m. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-18- 2047 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 Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Recused: 1 – Councilmember Chuck Kelley City Council Minutes June 19, 2018 City of Colleyville Page 11 5e Ordinance O-18-2048 Consideration of a zoning change from the AG-Agricultural and R-20 Single Family Residential zoning districts to the AG-Agricultural and R- 20 Single Family Residential zoning districts on Lot 1, Block 1, of the Allzim Acres Addition, and Tracts 2A7B, 2A8C, & 2A9A, Abstract 533, in the Mary M. Freeman Survey, and Tract 4D02, Abstract 295, in the William E. Crooks Survey, located at 7209 & 7215 John McCain Road, Case ZC18-013 Mayor Newton read the caption of Ordinance O-18-2048. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mayor Newton recapped the discussion from the previous meeting. There was discussion regarding the entrances off John McCain, right-of-way, and a 30-foot tree preservation easement. Councilmember Nakamura asked if the applicant was present and had he met and or talked with the neighbors who are in opposition of this item. Wesley Dawson, 406 Pecan Drive, Irving, Developer, replied he has communicated with residents on Chanel Court, and with the only property affected by the zoning change, though he is not opposed. Mayor Newton open the public hearing at 9:40 p.m. Sharla Hermes, 7109 Vanguard Court, spoke in opposition to this item with concerns for who is going to police the tree easement and requested a PUD ordinance. Heidi Hughes, 7305 Vanguard Court, spoke in opposition to this item with concerns regarding enforcement, tax revenue, and John McCain Road. Christie Kimbell, 7201 Vanguard Court, spoke in opposition with concerns for the trees, traffic on John McCain, quality of the development, zoning, platting, and requested a PUD ordinance. Al Zim, 7209 John McCain, spoke in support of this item and spoke regarding traffic speeds and the design of John McCain Road. Wesley Dawson, 406 Pecan Drive, spoke in favor, stating there is only one property affected by the zoning request. There are ten properties around the affected property, that are adjacent to R-20 zoning now, and the requested change does not affect those ten properties. The existing R-20 zoning adjacent to those ten properties has been in place for over 20-years. Mr. Dawson stated the City Council Minutes June 19, 2018 City of Colleyville Page 12 buffer which they are agreeing to was created by working with the neighbors and requested approval. Christie Kimbell, 7201 Vanguard Court, asked City Council to clarify the zoning regulations on the property. There were no others wishing to speak and Mayor Newton closed the public hearing at 10:04 p.m. Mayor Newton further recapped all of the concerns stated, explained the property currently zoned R-20 could be developed without the 30-foot tree easement if the current zoning request is not approved, and explained the 30-foot tree easement if built into the zoning ordinance has the same enforceability as a PUD. There was continued discussion regarding the 30-foot tree easement, zoning, enforcement, and conformance. There was consultation with the City Attorney regarding Section 3 language for the ordinance which will tighten the restrictions and require a note on the plat stipulating the tree preservation easement. During these discussions, the public hearing was not reopened, however, Ms. Hermes and Ms. Kimbell were asked questions by the City Council for clarification. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-18- 2048 with Section 3 and Exhibit B amended by the City Attorney, 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 Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Recused: 1 – Councilmember Chuck Kelley Mayor Newton recessed the meeting at 10:42 p.m. and reconvened the meeting at 10:52 p.m. 5f Ordinance O-18-2049 Consideration of a zoning change from the AG-Agricultural zoning district to the RE Single Family ‘Estate’ Residential zoning district on Tracts 1B & 1B1A, Abstract 294, in the Robert Chowning Survey, located at 6900 Pool Road, Case ZC18-014 Mayor Newton read the caption of Ordinance O-18-2049. City Council Minutes June 19, 2018 City of Colleyville Page 13 Community Development Director Ben Bryner presented this item and answered questions of the City Council. City Manager Ducay stated the City has contacted a contractor who can treat the snakes on the City property and work with residents for pricing and information for individual property owners. Mayor Newton open the public hearing at 10:57 p.m. David Dudziak, 2301 Wilkes Court, spoke in opposition of this item on behalf of himself and the Ross Downs HOA, he expressed his appreciation to the City Manager for researching the snake trapping, but stated he is concerned this is not a solution and a PUD with added environmental enforcement and remediation is needed. Michael Farrell, 2504 Twelve Oaks, spoke in opposition, stating he has killed 102 snakes over the last two years, another neighbor caught six, and another 62, and he believes the moving of dirt has caused the snakes to move and he would like to see a 30-foot angle of mesh fencing along the creek. Karen Actkinson, 2500 Twelve Oaks Lane, spoke in opposition of this item and stated the homeowners should not have to pay remediation. Brian Stewart, 2502 Twelve Oaks Lane, spoke in opposition of this item and addressed the number of snakes on his property, and how this is out of control and stated there is an elementary school nearby. Wendy Stewart, 2502 Twelve Oaks Lane, spoke in opposition of this item and addressed the number of snakes on their property, and felt homeowners should not have to pay remediation. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in support of this item, but suggested the food source needs to be investigated and suggested bringing in other natural predators such as king snakes or mongooses to help remediate the problem. There were no others wishing to speak and Mayor Newton closed the public hearing at 11:21 p.m. There was general discussion on possible causes and solutions to the snake infestation, and the affect this issue may have on home sales. At 11:50 p.m. Mayor Newton polled the City Council for agreement to continue the City Council Meeting beyond midnight. All Councilmembers agreed. City Council Minutes June 19, 2018 City of Colleyville Page 14 Councilmember Dodson made a motion to approve Ordinance O-18-2049 and Councilmember Nakamura seconded the motion. Councilmember Nakamura made a statement for the record that the City will continue to work toward solutions regarding the snakes even though the ordinance is being approved. Mayor Pro Tem Lindamood concurred and stated as the City receives more information he wants the City to go full force to correct the issues. Mayor Newton stated this has been an issue for several years and has gotten worse, therefore, he too agrees it needs to be addressed. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Recused: 1 – Councilmember Chuck Kelley 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-18-4274 Consideration of a replat for Lot 1R, Block 1, Wood Estates Addition and Lot 1, Block 1, Westcoat Estate Addition, located at 406 & 411 McDonwell School Road E and 6605 Westcoat Drive, Case PC17-027 Mayor Newton read Resolution R-18-4274 in its entirety. Community Development Director Ben Bryner presented this item and answered questions of the City Council. He explained this is the plat that is associated with tonight’s item 5c zoning case. Mayor Newton asked staff what the residential setbacks are on the exhibit. Director Bryner stated 40-foot east and west and 25-foot north and south. Mayor Newton opened the public hearing at 11:57 p.m. There was no one wishing to speak and Mayor Newton closed the public hearing at 11:57 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-18- 4274, and Councilmember Wheat seconded the motion. The motion to approve carried with the following vote: City Council Minutes June 19, 2018 City of Colleyville Page 15 Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Recused: 1 – Councilmember Chuck Kelley 6b Resolution R-18-4275 Consideration of a Preliminary Plat for the Oak Creek Addition, located at 7209 & 7215 John McCain Road, Case PC18-005 Mayor Newton read Resolution R-18-4275 in its entirety, adding Section 1 will be amended to read per the City Attorney’s description and based on the conditions approved in Ordinance O-18-2048 on tonight’s agenda item 5c. City Council consulted with the City Attorney regarding the difference between the tree preservation easement and a tree ordinance Community Development Director Ben Bryner presented this item and stated he will work with the City Attorney for the language for the plat. Mayor Newton opened the public hearing at 12:01 a.m. The following did not wish to speak, but submitted speaker cards in opposition to this item: Sharla Hermes, 7109 Vanguard Court; Heidi Hughes, 7305 Vanguard Court; and Christie Kimbell, 7201 Vanguard Court. Tom Matthews, Peaks Development, 2600 E. Southlake Blvd., Southlake, stated the wording has been tossed around several times this evening, however, he wanted to be sure everyone is aware we are proposing a tree preservation ordinance, not a landscape easement, there is a 25-foot building setback at the back of the lots that would prevail, but if there is a tree there which the builder says he has to remove to build a house, and it’s outside that 30-feet, that he can do that but, would have to replace that on an inch by inch caliper, and we talked about where they would be placed, but I just want to be sure, the 25-foot building setback prevails, that it is tree preservation, so if there are no trees back there, there’s not a requirement for a 30-foot landscape easement, this is a tree preservation, and that’s what this is being set up for. Mayor Newton stated what Mr. Matthews described is not what had been discussed, that a 30-foot tree easement had been discussed and Council was very specific. Mr. Matthews made reference to the language proposed by the developer and stated tree preservation is the intent, and he wanted to be sure this is tree preservation to preserve the existing trees. Mayor Newton stated the wording presented by the applicant in the zoning case included the word “easement” which precludes any building within the 30-foot easement. City Council Minutes June 19, 2018 City of Colleyville Page 16 Councilmember Dodson stated it also provides for a fill in of trees. Mayor Newton and Mr. Matthews discussed the building line, preservation, and replacement of trees. Mayor Newton stated he is being very careful because the residents were very clear concerning their desire and City Council was very specific with everyone regarding the stipulations and zoning, and he felt a tree preservation as Mr. Matthews is discussing is not what the City Council just approved. Mayor Pro Tem Lindamood stated the City Council very clearly discussed and stipulated we were preserving a 30-foot tree line. Wesley Dawson, 406 Pecan Drive, Irving, developer, stated they have not changed the document. Mayor Newton agreed, but stated this is a difference in interpretation, however, the Council’s interpretation and intent, is not what Mr. Matthews said. Mayor Newton stated he appreciates what the tree preservation ordinance says and this is why this had to be specific and is different than the tree preservation ordinance. Mayor Newton said he wishes the 25-foot setback had been discussed sooner, but it was not brought up at the zoning discussion, even though he allowed and encouraged discussion by everyone in the Council Chamber. Mayor Newton recessed the City Council Meeting at 12:08 a.m. to reconvene in Executive Session. Executive Session was adjourned at 12:35 a.m. and the City Council Meeting was reconvened at 12:40 a.m. Councilmember Wheat made a motion to table Resolution R-18-4275, and Councilmember Nakamura seconded the motion. The motion to table carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. Recused: 1 – Councilmember Chuck Kelley Councilmember Chuck Kelley returned to the dais. 6c Resolution R-18-4276 Consideration of appointing a member to the Planning and Zoning Commission Mayor Newton read Resolution R-18-4276 in its entirety. Mayor Newton opened the public hearing at 12:45 a.m. City Council Minutes June 19, 2018 City of Colleyville Page 17 There was no one present wishing to speak and Mayor Newton closed the public hearing at 12:45 a.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-18- 4276, appointing Matt Koch to the Planning and Zoning Commission to fill an unexpired term to September 2019, and Councilmember Kelley 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. 6d Resolution R-18-4277 A resolution appointing members to the Tax Increment Financing (TIF) District Board to fill unexpired terms Mayor Newton read Resolution R-18-4277 in its entirety. Mayor Newton opened the public hearing at 12:50 a.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 12:50 a.m. Mayor Newton made a motion to approve Resolution R-18-4277, appointing Councilmember Wheat and Councilmember Dodson to the Tax Increment Financing District Board, and Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathleen Hennessey, 5013 Stonebridge Drive, gave a presentation on wild Post Oaks on Cherry Lane. City Council Minutes June 19, 2018 City of Colleyville Page 18 8. REPORTS Monthly Financial Report - May 31, 2018 Discussion of the City of Colleyville Popular Annual Financial Report (PAFR) for Fiscal Year 2017 Planning and Zoning Commission Minutes - March 26, 2018 Mayor Newton directed staff to move the Monthly Financial Report and discussion of the City of Colleyville Popular Annual Financial Report for Fiscal Year 2017 to the July 2, 2018 City Council Agenda. There was no discussion of the Planning and Zoning Commission minutes. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 19, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4278 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 1:01 a.m. on Wednesday, June 20, 2018. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 2ND DAY OF JULY 2018. Minutes taken and prepared by: Christine Loven, TRMC City Secretary