Loading...
HomeMy WebLinkAboutCity Council-Minutes-11/20/2018 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, November 20, 2018 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Presentation and discussion of City Plaza - 95% design phase WS-2 Discussion of the City Plaza Traffic Pattern Design WS-3 Update on the Federal Communications Commission (“FCC”) Declaratory Ruling and Third Report and Order, adopted September 26, 2018, titled FCC-18-133A.1-Network Node FCC Order WS-4 Discussion of the November 20, 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, evaluations, and duties of the Fire Chief Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Agenda November 20, 2018 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMMBERS INVOCATION: Alvaro Matehuala, Colleyville Prayer Room 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-18-4325 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Expression of appreciation to Colleyville City Council - Peace Together Walk Organizer Howard Rosenthal In recognition of the Featured Business of the Month - Westlake Ace Hardware, 4701 Colleyville Boulevard, Suite 100 - Mayor Richard Newton and Assistant City Manager Mark Wood 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4326 4a Approval of the minutes of the regular City Council meeting of November 5, 2018 4b Approval of a professional services agreement with Dunaway Associates, L.P., in an amount not to exceed $144,508 for the design of the Bransford Road Elevated Storage Tank Site Rehabilitation and Overland Trail Ground Storage Tank Site Demolition Project, and authorizing the City Manager to execute the agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - October 30, 2018 City Council Agenda November 20, 2018 City of Colleyville Page 3 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-18-2065 Consideration of a zoning change from R-40 Single Family Residential district to PUD-C Planned Unit Development – Commercial district on Tract 1, Abstract 1154, in the R H McEwing Survey and Tract 1G, Abstract A1182, in the Less Homesite Survey, located at 8060 Precinct Line Road, Case ZC18-028 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-18-2066 Consideration of a zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district on Lot C, McEwing Subdivision & 1B02A, 1B2, 1B3, and 1B4, Abstract 1154, in the R H McEwing Survey, located at 712-810 Lavaca Trail, Case ZC18-033 7b Ordinance O-18-2067 Consideration of amendments to the Land Development Code, specifically Chapter 3 – Land Use 8. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 8a Ordinance O-18-2064 Consideration of a zoning change from AG Agricultural district to R-30 Single Family Residential district on Tracts 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey, located at 1309 Glade Road, Case ZC18-023 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-18-4327 Consideration of a waiver request to the sidewalk requirements and subsequent refund, on Lot 1R, Block 1, of the Van Oaks addition located at 201 Van Oaks Drive 9b Resolution R-18-4328 Consideration of appointments to the Colleyville Community Garden Advisory Committee City Council Agenda November 20, 2018 City of Colleyville Page 4 10. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 10a Resolution R-18-4323 Consideration of a combination Preliminary/Final Plat for Carmel Place Estates East on Tracts 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey, located at 1309 Glade Road, Case PC18-012 10b Resolution R-18-4294 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 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 12. REPORTS 12a Annual activity report of the Colleyville Economic Development Corporation 12b Quarterly Performance Management Report 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 20, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18- 4329 14. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 16, 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, November 20, 2018 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, November 20, 2018, at 5:31 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, Community Relations Specialist Erin Spicer, Management Intern Lupe Orozco, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Presentation and discussion of City Plaza - 95% design phase Assistant City Manager Adrienne Lothery gave a quick overview of the project and introduced consultants Shane Friese, Michael Webb, Steve Bingham, and Gaylen Laing, who reviewed the design features of the shade structure, stage panels, fountain tile, and pavers. There was discussion regarding sound and light, creating a design in the center of the entry, time lines, bid add/alternate options, and final costs. WS-2 Discussion of the City Plaza Traffic and Parking Design Director of Public Works Ray Silva-Reyes presented seven options for rerouting the direction of traffic to City Hall when construction on the Plaza begins. City Council directed staff to review costs for changing the direction of the one way drive on the south side of City Hall and expanding Casa Drive to a two way drive. WS-3 Update on the Federal Communications Commission (“FCC”) Declaratory Ruling and Third Report and Order, adopted September 26, 2018, titled FCC-18-133A.1-Network Node FCC Order Director of Public Works Ray Silva-Reyes and City Attorney Whitt Wyatt, reviewed the node legislation and advised the allowed fees and number of days in which a permit must be issued have been reduced. City Attorney Wyatt stated his office will work with Director Silva-Reyes to bring the design manual updates forward for City Council approval at a future meeting. City Council Minutes November 20, 2018 City of Colleyville Page 2 WS-4 Discussion of the November 20, 2018, City Council regular agenda items Mayor Newton stated the Oak Alley item is tabled to December 4, 2018. Mayor Newton adjourned the worksession at 6:29 p.m. Mayor Newton called the Executive Session to order at 6:29 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain cases for Parcels 150 and 159 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Glade Road Project Phases 1B and 2 • Acquisition of real property along SH26 Section 551.074 – Personnel – Deliberate the appointment, employment, evaluations, and duties of the Fire Chief 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 7:28 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:35 p.m. City Council Minutes November 20, 2018 City of Colleyville Page 3 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney INVOCATION: Alvaro Matehuala, Colleyville Prayer Room 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-18-4325 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton and City Councilmembers made the following announcements: Honoring a local Veteran: On Veteran’s Day, City employees participated in Staff Development Day. Staff in many departments spent the morning in training sessions, working on projects, or participating in team building activities. City Secretary Christine Loven took this time to do a little service project for a 101 year old Colleyville resident retired Lt. Col. “Maggie” Megellas and his wife Carole. Mr. Magellas is the most decorated officer in the history of the Army’s famed 82nd Airborne Division, having been awarded the Distinguished Service Cross, two Silver Stars, two Bronze Stars and two Purple Hearts. Christine learned the Megallas’ did not have a flag pole or flag in the yard – she gifted them with both and with the help of Fire Marshal Rob McKeown and Public Works Field Technician Gatlyn Williams, installed the flag pole. While Mr. Megellas is originally from Fond Du Lax, Wisconsin, we are honored he and his family call Colleyville home and we honor his service and service of so many others. Christine’s recognition of our local hero is yet another example of the exceptionalism in our community. Sales Tax Continues Positive Trend: Sales Tax Continues to be Strong: The Texas Comptroller’s Office has posted the most recent sales tax allocation information, which reflects purchases made in September. This is the twelfth and final month of sales tax reported for Fiscal Year 2018. We ended FY 2018 at $3.9M (+4% over last year), which is $200k over our $3.7M General Fund sales tax budget. This is not only great news for FY 2018, it makes our $3.9M General Fund revenue budget for FY 2019 (which was originally a projection for +2% growth) a target City Council Minutes November 20, 2018 City of Colleyville Page 4 that we will hit even with no growth over the next year. Our conservative revenue estimation practices continue to set us up for success. TEXRail Update: TEXRail has notified Mayor Newton the Federal Railroad Administration has approved the reactivation of the Colleyville quiet zone. Testing is now complete, so we expect the quiet passing of trains to return. With quieter trains comes a need to be more vigilant, as commuter trains will be faster than anything we have seen previously. Fire Department Life-Saving Effort, Again: Last week the Colleyville Fire Department responded to two separate cardiac arrest calls within 24 hours. Colleyville Fire sprang into action, arrived on scene quickly, and were able to stabilize each person for transport to a local hospital. While one person is expected to make a complete recovery, the outcome for the other is questionable. Interim Fire Chief Mark Cantrell said the main difference between these two incidents is the speed with which CPR was administered. Performing chest compressions quickly after a person goes into cardiac arrest more than doubles their chance of survival. The Colleyville Fire Department is now working on an education campaign so Colleyville residents feel more comfortable performing basic CPR should they need to use it. Upcoming Events: Mayor for a Day Contest Essays due by December 7: The contest is only open to Colleyville residents. The winning essay will be announced the week of Dec. 17. Essays may be dropped off at the City Manager’s Office on the third floor of City Hall or sent by mail or email to Mayor for a Day Contest, Colleyville City Hall, 100 Main Street, Colleyville, Texas 76034; colleyville@colleyville.com. Tree Lighting – Friday, November 30, from 5-9 PM. CWD Holiday Schedule: Thanksgiving – Thursday, November 22: Regular collection on Mon – Wed, Thursday & Friday Collection will be delayed by one day. 2018/2019 Leaf Recycling Dates: Each year, the City works with our solid waste franchise holder (CWD) to provide seasonal leaf and Christmas tree recycling. We have tried different formats and scheduling strategies over the last few years. Last year we offered two back-to-back collections on Saturdays early in the season and then another two back-to-back collections later in the season. While there is no perfect strategy, this approach seems to have worked the best to meet the need and minimize confusion. We will begin promoting the program in coming months. The dates for the 2018/2019 season are Saturday, December 1 and 8, and Saturday, January 5 and 12. Cease the Grease: When fats, oils, and grease are washed down the drain, they stick to the inside of pipes, hardening and building up until they cause clogs and City Council Minutes November 20, 2018 City of Colleyville Page 5 sewer backups. This can cause sewage to overflow into homes, streets, and local waterways. Instead of washing your grease down the drain, participate in the 2018 Holiday Grease Roundup and recycle it for free! Cooking grease and oil will be collected at the Colleyville Public Works Facility located at 1601 Hall-Johnson Road from November 26 through January 7. Collection hours are 9 a.m. to 4 p.m. Monday through Friday. There will be no collections on weekends or City Holidays. Expression of appreciation to Colleyville City Council - Peace Together Walk Organizer Howard Rosenthal Mr. Howard Rosenthal thanked the City Council and City for the assistance and support of the Peace Together Walk. Mr. Rosenthal noted there were approximately 500 walkers and everything went smoothly. He presented a poster collage of the event as a remembrance and thank you. In recognition of the Featured Business of the Month - Westlake Ace Hardware, 4701 Colleyville Boulevard, Suite 100 - Mayor Richard Newton and Assistant City Manager Mark Wood Mayor Richard Newton and Assistant City Manager Mark Wood welcomed Sarah Smith, Manager of Westlake Ace Hardware, which was the featured business of the month. Ms. Smith thanked the City Council and said the store has everything anyone needs from Christmas decorations, to cleaning supplies, to materials for home improvement projects. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4326 4a Approval of the minutes of the regular City Council meeting of November 5, 2018 4b Approval of a professional services agreement with Dunaway Associates, L.P., in an amount not to exceed $144,508 for the design of the Bransford Road Elevated Storage Tank Site Rehabilitation and Overland Trail Ground Storage Tank Site Demolition Project, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-18-4326 in its entirety. Public Works Director Ray Silva-Reyes presented item 4b. Councilmember Dodson asked Director Silva-Reyes if any other organizations which bid were interviewed. Director Silva-Reyes stated all 58 bidders were interviewed last year. 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. City Council Minutes November 20, 2018 City of Colleyville Page 6 Mayor Pro Tem Lindamood made a motion to approve Resolution R-18- 4326, and Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION Monthly Financial Report - October 30, 2018 Assistant City Manager Mark Wood presented the October monthly financial report, highlighting the Utility, Debt Service, and Drainage Fees Funds. Manager Wood also reviewed the quarterly promotion programs which led to increased sales tax revenue. Mayor Newton stated the City conservatively budgets a 1% sales tax revenue increase and there is a positive correlation between the quarterly promotion programs and the increase in sales tax revenue. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-18-2065 Consideration of a zoning change from R-40 Single Family Residential district to PUD-C Planned Unit Development – Commercial district on Tract 1, Abstract 1154, in the R H McEwing Survey and Tract 1G, Abstract A1182, in the Less Homesite Survey, located at 8060 Precinct Line Road, Case ZC18- 028 Mayor Newton read the caption of Ordinance O-18-2065. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Rick Jones, 2221 Lakeside Parkway, #1260, Richardson, applicant, also presented this item and answered questions of the City Council. Staff and the applicant clarified the sign design, parking requirements, tree canopy, fencing, and drainage plan. Mayor Newton asked Mrs. Billye Fowler, 1303 Briar Ridge Drive, Keller, representing the property owner, to discuss the landscaping requirements. Mr. City Council Minutes November 20, 2018 City of Colleyville Page 7 Jones stated he will be responsible for installing the irrigation and landscaping, taking that off the property owner. Mayor Newton opened the public hearing at 9:05 p.m. There was no one wishing to speak and Mayor Newton closed the public hearing at 9:05 p.m. There was discussion and clarification regarding the first 100 feet of landscaping. Councilmember Wheat made a motion to approve Ordinance O-18-2065, with the ordinance to reflect the requirement of the applicant providing landscaping of the first north 100 feet surrounding the driveway to Tract 1; requiring an agreement with the east neighbor for the off-site drainage conveyance, and Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-18-2066 Consideration of a zoning change from R-40 Single Family Residential district to R-20 Single Family Residential district on Lot C, McEwing Subdivision & 1B02A, 1B2, 1B3, and 1B4, Abstract 1154, in the R H McEwing Survey, located at 712-810 Lavaca Trail, Case ZC18-033 Mayor Newton read the caption of Ordinance O-18-2066. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mr. Kosse Maykus, the developer, Hat Creek Developments, 2700 William D. Tate, Grapevine, also presented this item and answered questions of the City Council. Councilmember Wheat asked staff if this is a gated community. Director Bryner replied, yes, it is proposed as a gated community. Mayor Newton asked Director Bryner how could this be proposed as a gated community since the application is an R-20 straight zoning. Director Bryner said it would be requested at platting. Mayor Newton said he did not agree private streets are an item for platting and he would not vote for private streets in a straight zoning case. Mayor Newton stated his opinion is that private streets are an item for PUD-R zoning. City Council Minutes November 20, 2018 City of Colleyville Page 8 Councilmember Dodson stated he is very concerned about the drainage and asked if drainage has been examined. Director Bryner replied he was not sure, as drainage is part of the platting process. Mayor Newton stated the City Council cannot move forward without a drainage study and asked Mr. Maykus to provide one at the next meeting. Mr. Maykus provided a history of the project and the zoning. There was discussion regarding private streets, open space, tree mitigation, and drainage. Mr. Maykus stated Hat Creek Development has agreements in place with Rosewood Villas for accepting drainage, Remington Park regarding fencing, and Lavaca Trail Estates, fencing and pond dredging. Mayor Newton commended Mr. Maykus on the arrangement of open space, tree mitigation, and his summary of the agreements, and asked him to forward the agreements he discussed to City Council. Mr. Maykus said he would forward the agreements. Mayor Newton opened the public hearing at 9:58 p.m. The following spoke in support for the item and R-20 zoning: Michael Capps, 6116 Legacy Trail, and Aubra Palmer, 6406 Lorraine Park. Ed Hogan, 6201 Emmas Court, representing Lavaca Trail HOA, stated he and the HOA had originally registered opposition to the project, but Mr. Maykus met with the HOA and resolved all issues and they collectively are in support. Mr. Hogan provided a copy of the agreement between Hat Creek Development and Lavaca Trail Estates HOA. The following did not wish to speak, but provided a speaker card in support of the project: Doug and Theresa Wiseman, 808 Lyndsey Way, Bridget Hupp, 603 Terrace Lane, Brian Toni Hennigan, 303 Morningstar Court, and James Bilderback, 6105 Ridgewood Lane. There being no others wishing to speak, Mayor Newton closed the public hearing at 10:03 p.m. This was a first reading, therefore, City Council did not take any action. Mayor Newton stated he is going to move item 12b – Quarterly Performance Management Report ahead of 7b – Ordinance O-18-2067 and will come back to 7b. Mayor Newton recessed the meeting at 10:04 and reconvened at 10:15 p.m. City Council Minutes November 20, 2018 City of Colleyville Page 9 7b Ordinance O-18-2067 Consideration of amendments to the Land Development Code, specifically Chapter 3 – Land Use Mayor Newton read the caption of Ordinance O-18-2067. Community Development Director Ben Bryner presented this item, noting the City Council had conducted a four hour worksession regarding Chapter 3. He then provided a page by page review. There was discussion regarding the following additional changes: Removing unless modified by the City Council from the PUD open space regulation, including schools as exempted in Special Event permits, removing the maximum residential density column from the district setback chart, requiring dumpsters to be entirely behind a commercial building, and requiring a 1-foot setback from ROW line for perimeter subdivision fences. At 11:58 p.m. Mayor Newton took a vote to continue the City Council meeting which was unanimously approved. Mayor Newton opened the public hearing at 12:23 a.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 12:23 a.m. This is the first reading therefore, City Council did not take any action. 8. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 8a Ordinance O-18-2064 Consideration of a zoning change from AG Agricultural district to R-30 Single Family Residential district on Tracts 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey, located at 1309 Glade Road, Case ZC18-023 Councilmember Dodson made a motion to remove this item from the table and Councilmember Rigney seconded the motion. The motion passed unanimously. Mayor Newton read the caption of Ordinance O-18-2064. Community Development Director Ben Bryner presented this item and highlighted the revisions, noting the dedication of right-of-way and open space which allows all homes to front Carmel Street. Director Bryner stated he felt the only outstanding item was the fencing which is proposed to be a cedar fence with metal posts along the eastern boundary. City Council Minutes November 20, 2018 City of Colleyville Page 10 Mayor Newton asked if the CC&R’s require masonry posts at the corners of the fence. Director Bryner stated he did not recall seeing it as a requirement. Mayor Newton stated this item had been tabled because there were questions regarding the HOA’s, declarants, and who owned the property which needed to be dedicated. He asked Director Bryner if he could address these items and Director Bryner stated the applicant is present and is prepared to address the City Council. At the request of the Mayor, Bryan Klein, Managing Director, Ion Design Group, 4061 N. Central Expressway #205, Dallas, representing the applicant, addressed open space, the right-of-way, and trees, and advised the east fence will be an eight foot board on board with stone columns on the corners. Rome Barnes, 1800 Valley View Lane, #300, Farmers Branch, applicant, came forward and advised City Council he has verified he is the owner of the strip of right-of-way and he will deed it over or replat – which ever the Council prefers, thus eliminating the concern. Mr. Barnes also stated he is still the declarant of the HOA and he will combine both Carmel HOA’s. There was discussion of the previous PUD and changes which have been made to this zoning and what is potentially being approved in the proposed ordinance. Mayor Newton opened the public hearing at 10:42 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:42. Mayor Newton asked Steve Hickson, 1315 Glade Road, what his thoughts were regarding the development. Mr. Hickson stated he met with Mr. Barnes and they are providing an eight foot fence, writing it into the CC&R’s, and he feels like it’s the best he can get. Councilmember Dodson made a motion to approve Ordinance O-18-2064 with the following additions: 1. The dedication of Lot 11x as dedicated right-of-way 2. Dedication and preservation of the open space along Glade Road 3. There will be no lots facing Glade Road 4. Installation of an eight foot cedar board on board fence with masonry columns on the eastern boundary and Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. City Council Minutes November 20, 2018 City of Colleyville Page 11 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-18-4327 Consideration of a waiver request to the sidewalk requirements and subsequent refund, on Lot 1R, Block 1, of the Van Oaks addition located at 201 Van Oaks Drive Mayor Newton read Resolution R-18-4327 in its entirety. Public Works Director Ray Silva-Reyes presented this item. Mayor Newton stated a refund would not be in keeping with the current policy and he feels the Council should follow their strategy and policies. Mayor Newton opened the public hearing at 10:55 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:55 p.m. Mayor Newton made a motion to deny Resolution R-18-4327, and Councilmember Dodson seconded the motion. The motion to deny carried with the following vote: Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and Councilmembers Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. Nay: 1 – Councilmember Tammy Nakamura 9b Resolution R-18-4328 Consideration of appointments to the Colleyville Community Garden Advisory Committee Mayor Newton read Resolution R-18-4328 in its entirety. The resolution was self-explanatory and there was no discussion. Mayor Newton opened the public hearing at 11:00 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:00 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-18- 4328, appointing: Rich Hendler, Uma Lal, Linda Newton, Amy Putnam, and Sam van Bever to the Colleyville Community Garden Advisory Committee, for a two year term expiring December 2020, and appointing Natalie Genco as Chair, and Councilmember Kelley seconded the motion. City Council Minutes November 20, 2018 City of Colleyville Page 12 The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. 10. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 10a Resolution R-18-4323 Consideration of a combination Preliminary/Final Plat for Carmel Place Estates East on Tracts 2A01 & 2A02, Abstract 1543, in the George W Teeter Survey, located at 1309 Glade Road, Case PC18-012 Councilmember Wheat made a motion to remove this item from the table and Mayor Pro Tem Lindamood seconded the motion. The motion passed unanimously. Mayor Newton read Resolution R-18-4323 in its entirety. Community Development Director Ben Bryner noted this is the plat associated with Carmel Place East and reviewed the request. Mayor Newton opened the public hearing at 11:08 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:08 p.m. Councilmember Nakamura made a motion to approve Resolution R-18- 4323 with the following additions: 1. The dedication of approximately 10,260 square feet of open space along the new Glade Road right-of-way per attached Exhibit “A” 2. The dedication of Lot 11x as dedicated right-of-way and Councilmember Kelley seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. 10b 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 City Council Minutes November 20, 2018 City of Colleyville Page 13 This item was not removed from the table and there has been no additional information provided. 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak. 12. REPORTS 12a Annual activity report of the Colleyville Economic Development Corporation This was a written report requiring no action. 12b Quarterly Performance Management Report Management Intern Lupe Orozco presented this item giving a recap of Fiscal Year 2018 performance measurements and accomplishments. 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 20, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18- 4329 This resolution was not needed. 14. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 12:24 a.m. Wednesday, November 21, 2018. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 4TH DAY OF DECEMBER 2018. Minutes taken and prepared by: Christine Loven, TRMC City Secretary