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HomeMy WebLinkAboutCity Council-Minutes-12/04/2018 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, December 4, 2018 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of SH26 lighting WS-2 Discussion of Cheek-Sparger Road shoulder improvements WS-3 Discussion of SH26 corridor business property enhancement program WS-4 Discussion of the 2019 City Council meeting dates WS-5 Discussion of the December 4, 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, including: • Acquisition of real property along SH26, including discussion of City participation in an online auction for the real property generally described as 4719 Colleyville Boulevard, Colleyville, Texas, ending December 5, 2018. • 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 City Council Agenda December 4, 2018 City of Colleyville Page 2 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 Martin Richardson, Crown of Life 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-18-4330 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-18-4331 4a Approval of the minutes of the regular City Council meeting of November 20, 2018 4b Approval of a Lease Agreement with Tarrant County 9-1-1 for facility space at the Colleyville Justice Center, and authorize the City Manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 City Council Agenda December 4, 2018 City of Colleyville Page 3 5b Ordinance O-18-2067 Consideration of amendments to the Land Development Code, specifically Chapter 3 – Land Use 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-18-2068 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority 6b Ordinance O-18-2069 Consideration of a zoning change from PUD-C Planned Unit Development – Commercial district, PUD-R Planned Unit Development – Residential district, and ML Light Manufacturing district to AG Agricultural district on Lot 1A, Block 12, of the Longwood Estates at Ross Downs and Tract 1, Abstract 294 & Tract 4A3A, Abstract 591, in the Robert Chowning Survey, located at 7201 Colleyville Boulevard, Case ZC18-030 6c Ordinance O-18-2070 Consideration of a Special Use Permit for a carport on Lot 16, Block 2, of the Quail Crest Estates Addition, located at 316 Quail Crest Drive, Case ZC18-032 6d Ordinance O-18-2071 Consideration of a zoning change from R-10 Single Family Residential district to R-20 Single Family Residential district on Tracts 6A & 6A2, Abstract 1203, in the Peterson Pate Survey, located at 713 Field Street, Case ZC18-034 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a Ordinance O-18-2056 Consideration of a zoning change from the R-40 Single Family Residential zoning district and AG Agricultural zoning district to the PUD-R Planned Unit Development-Residential zoning district on Lot 1R1 and 1R2, Block 1, of the Bear Creek Plantation, located at 1312 John McCain Road and 7309 Holly Lane N, Case ZC18-019 City Council Agenda December 4, 2018 City of Colleyville Page 4 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-18-4332 Consideration of a Replat for Lots A1R-1 and A1R -2, Block 2, of the Pleasant Oaks Estates Addition, located at 512 and 600 Leta Lane, Case PC18-014 8b Resolution R-18-4333 A resolution changing January, May, October, and November 2019 City Council meetings dates 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 9a Resolution R-18-4294 Consideration of a final plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, located at 105 and 103 John McCain Road and 7189 Cast Iron Forest Trail, Case PC17-004 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 4, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4334 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 30, 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, December 4, 2018 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, December 4, 2018, at 5:30 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, Interim Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of SH26 lighting Assistant City Manager Adrienne Lothery stated at the November 5 Worksession, lighting was discussed and now it is time to make a selection, so the bid process can move forward. Manager Lothery then introduced Mesa staff Stan Cowan, David Newman, and Jason Cooper, who presented the options and provided estimates. City Council directed staff and MESA to move forward with the lighting design, with banner arm connections, and decorative bases for 48 lights along the corridor. City Council also agreed to rearrange six lights along the bridge and add pedestrian lights. WS-2 Discussion of Cheek-Sparger Road shoulder improvements Public Works Director Ray Silva-Reyes presented this item and reviewed the initial design plan, tree loss, traffic pattern during construction, right-of-way required to allow for the curve to be realigned. Director Silva-Reyes stated there are some requirements mandated by TxDOT as the funding for the project is a grant, noting a sidewalk and bike lane are two of those requirements. Director Silva-Reyes noted residents directly located in the area received a letter advising them the Public Works Office would be open 5:00 to 7:00 p.m. on Monday, December 3, to discuss the improvements. Director Silva-Reyes stated the opportunity was well received as ten residents reviewed the plans and offered input to the department. City Council Minutes December 4, 2018 City of Colleyville Page 2 There was discussion regarding bike lane requirements, impact to trees, drainage, and the curve alignment. City Council requested Director Silva-Reyes work with the engineer to try to develop a plan which will impact fewer trees and still allow for traffic flow. WS-3 Discussion of SH26 corridor business property enhancement program Assistant City Manager Mark Wood presented this item. Manager Wood stated the B.E.S.T. (Business Enhancements to Support Transformation) program is designed to proactively encourage business owners to enhance their buildings along SH26 as the roadway nears completion. Manager Wood highlighted the program components and noted staff plans to begin B.E.S.T in January 2019. Mayor Newton asked for more details of the plan including the amount of money the City would allocate to the program, the business requirements for getting the grant, and the streamlined application and review process. The staff committed to get back to the Council on these items. WS-4 Discussion of the 2019 City Council meeting dates Mayor Newton discussed this item and City Council agreed to move forward with a resolution outlining the 2019 City Council meeting dates. WS-5 Discussion of the December 4, 2018, City Council regular agenda items Mayor Newton stated Case ZC18-019, Ordinance O-18-2056, had been tabled to a date certain of December 4, 2018, therefore, they will be taking action this evening. He stated there has been no further action on Case PC17-004, Resolution R-18- 4294, therefore, it will remain tabled. Mayor Newton adjourned the worksession at 6:32 p.m. Mayor Newton called the Executive Session to order at 6:33 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 City Council Minutes December 4, 2018 City of Colleyville Page 3 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: • Acquisition of real property along SH26, including discussion of City participation in an online auction for the real property generally described as 4719 Colleyville Boulevard, Colleyville, Texas, ending December 5, 2018. • 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 7:09 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney INVOCATION: Pastor Martin Richardson, Crown of Life 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-18-4330 Mayor Newton read Resolution R-18-4330 in its entirety. City Council Minutes December 4, 2018 City of Colleyville Page 4 Mayor Pro Tem Bobby Lindamood recused himself from this item, noting a company which he has interest in may be bidding on property located in the City. He further clarified the company is not bidding on a City project, only the potential to purchase property within the City. 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. Councilmember Wheat made a motion to approve Resolution R-18-4330, and Councilmember Nakamura seconded the motion. The motion to approve carried with the following vote: Aye: 6 – Mayor Richard Newton, 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 TEXRail Update: TEXRail has been notified of two occurrences of gate malfunction during commuter rail train crossings. Staff has reached out to TEXRail personnel to address the issue. TEXRail crews verified the equipment is working correctly. These occurrences are a reminder that we must be diligent around the rail tracks as we adjust to the increase speed and frequency of trains through our area. We will be installing message boards near all of the Colleyville crossings to remind residents to be aware of the faster and quieter trains. Mayor Pro Tem Lindamood wished his daughter a Happy Birthday. Santa’s Helpers Toy Drive: Colleyville Heritage High School and the City of Colleyville are honored to be one of the five locations that WFAA, Channel 8 has selected for their 2018 Santa's Helpers Toy Drive. Residents, schools, churches, service organizations, and local businesses are encouraged to collect toys and decorate their vehicles to come through the drive-thru line at Colleyville Heritage from 5 - 8:30 p.m. on Thursday, Dec. 13. If you are unable to make it to the December 13 event, a collection box is located at Colleyville City Hall and the Colleyville Justice Center. Chamber 43rd Annual Awards Nomination: The Chamber will hold the 43rd Annual Awards Event on January 17 at the Colleyville Center. The Colleyville Chamber of Commerce is accepting nominations for the following award categories: Citizen of the Year; Leadership Award; Youth of the Year; Business of the Year; Corporation of the Year; Member of the Year; New Member of the Year; City Council Minutes December 4, 2018 City of Colleyville Page 5 Jack Oswald Ambassador of the Year; and Outstanding Service Organization. For more information regarding the nomination process, contact the Chamber of Commerce office at 817-488-7148. 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. The dates for the 2018/2019 season are Saturdays, December 8, January 5, and January 12. Grapevine Parade of Lights: Mayor and City Council will participate in the Grapevine Parade of Lights, Thursday, December 6, at 7:00 p.m. on Main Street in Grapevine. Winter Ball – Tickets for the 2019 Winter Ball go on sale December 10. Scheduled for January 25 at 7:00 pm, the Winter Ball is an under the sea themed dance for mothers and sons (or mother figures) and fathers and daughters (or father figures). Activities include a deejay, professional photos, gift bags, and lots of fun. The event will be held at the Colleyville Center and is likely to sell out quickly. Tickets are $25 per couple; $10 for an additional child. More information is available at ColleyvilleParksandRec.com Citizens on Patrol Acknowledgement – The Citizens on Patrol volunteers are to be applauded for the volunteer hours (888.5 hours) put in this year! This is a special place where our citizens take ownership and partner with the police department in keeping our community safe. The City of Colleyville is fortunate to have such wonderful volunteers giving of their time. The City of Colleyville had a record setting crowd of nearly 3,000 people at the Christmas tree lighting activities last Friday evening. Everyone enjoyed games, carriage rides, bounce houses, a petting zoo, and other fun activities. There were over 35 vendors in the craft marketplace, 22 community decorated trees, 6 choirs, and of course 1 jolly old Saint Nick. This event would not be possible without the help of our community and our volunteers. We had 45 volunteers in addition to many city employees working hard behind the scenes to make sure the event was a success. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4331 4a Approval of the minutes of the regular City Council meeting of November 20, 2018 4b Approval of a Lease Agreement with Tarrant County 9-1-1 for facility space at the Colleyville Justice Center, and authorize the City Manager to execute the agreement City Council Minutes December 4, 2018 City of Colleyville Page 6 Mayor Newton read Resolution R-18-4331 in its entirety. Police Chief Michael Miller presented item 4b and answered questions of the City Council. Mayor Newton noted this agreement is of mutual benefit to the City and Tarrant County and the lease would not automatically renew, it would come before City Council. Chief Miller concurred. Councilmember Wheat asked Chief Miller if the jail area could be used for any other purpose. Chief Miller replied the jail area really cannot serve any other purpose as there are no windows or outlets, and is constructed of thick cement walls. Councilmember Dodson asked who pays the utility bills. Chief Miller stated the City pays, but the lease agreement includes the utilities. Mayor Newton opened the public hearing at 7:59 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:59 p.m. Councilmember Nakamura made a motion to approve Resolution R-18- 4331, and Councilmember Dodson 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. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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. There was discussion of the drainage culvert, tree survey, and land design. Mr. Kosse Maykus, the developer, Hat Creek Developments, 2700 William D. Tate, Grapevine, also presented this item and answered questions of the City Council. City Council Minutes December 4, 2018 City of Colleyville Page 7 Mr. Maykus stated he had prepared an updated presentation based on comments from the last meeting, however, he would be happy to answer questions and asked if he could address the trees. Mayor Newton agreed. Mr. Maykus stated he does have a tree survey and preservation plan, however, it is not fully developed as he stopped the survey when the zoning became an issue. Mr. Maykus explained the geo reference on each tree and noted the marking does not indicate removal of the tree. Mayor Newton stated to Mr. Maykus that when he came before the Council at the last meeting he stated he has the support of the neighbors, however, he had asked Mr. Maykus to forward the agreements he has in place with the surrounding HOA’s and City Council is not in receipt of the agreements. Mr. Maykus noted he had included them in his updated presentation, and provided printed copies to Mayor Newton at that time. Mayor Newton opened the public hearing at 8:21 p.m. Ken McIntosh, 704 Lindsay Way, spoke in support of this item, R-20 zoning, surrounding property match, tree preservation, and nice street appearance. Todd Ford, 6200 Legacy Trail, spoke in support of this item and presented a video which displayed the land use and beauty of The Legacy development. Doug Chandler, 6804 Hillier Court, spoke in support of this item, noting the template for the development has already been established with The Legacy development. Michael Capps, 6116 Legacy Trail, spoke in support, noting he agrees with the previous speakers comments. Christopher Dergance, 705 Arcady Lane, representing Rosewood Villa HOA, spoke in support stating the developer is easy to work with and the residents are satisfied with the drainage plan. Kathy Hadley, 204 N. Timberline Drive, spoke in opposition with concerns for tree preservations, wild animals, and maintaining a country atmosphere. The following did not his to speak, but registered support: Bryan Yelverton, 708 Lyndsey Way, Brenda Capps, 6116 Legacy Trail, Doug and Theresa Wiseman, 808 Lyndsey Way, Jimmy and Sonia Bilderback, 6105 Ridgewood Lane, Gary McPherson, 316 Polo Trail, and Brad McPherson, 6204 Legacy Trail. Matthew Coley, 700 Lyndsey Way, spoke in favor of the project, noted the amenities within The Legacy, tree preservation, and green space. City Council Minutes December 4, 2018 City of Colleyville Page 8 There being no others wishing to speak, Mayor Newton closed the public hearing at 8:49 p.m. Mayor Newton stated he appreciates everyone speaking tonight and it is helpful to the City Council. He continued it is clear there is support for this project and he himself supports the R-20/R-40 zoning, because as many noted the development sits amidst this type zoning and our comprehensive plan contains some critical elements – protecting neighborhood integrity and consistency, so in context this development meets the criteria, which is important as zoning cases go. Mayor Newton commended Mr. Maykus on the design and view from the road. He further noted, as he stated last time this is a straight R-20 zoning and explained R-20 requires 20,000 square foot lots and does not call for platting with the zoning. Mr. Maykus desires to have private streets and that is a problem for me in a straight zoning case because there is no mechanism to approve private streets in a straight zoning case. In addition there is no mechanism to build in the agreements Mr. Maykus created with the neighbors in order to acquire their support for the zoning. It is incumbent on us as elected officials to ensure the zoning processes are proper and correct, and that we listen to citizens and protect the interest of our citizens as well as the interests of the City. To those ends, I do not believe this is the correct process. I think this is an R-20 PUD-R, which allows for the negotiated agreements, tree mitigation, and design to be built into the ordinance, as well as the request for private streets. Mayor Newton stated his recommendation is to remand this item back to the Planning and Zoning Commission to process as a PUD-R. Councilmember Nakamura stated she has seen the development, viewed a couple of the homes, and does not have any issue with the development, but does agree with Mayor Newton this needs to be a PUD-R and if we can move to the PUD-R, she will vote for it. Mayor Pro Tem Lindamood asked what the timing on this plan would be. Mayor Newton stated it would have to go back to P&Z for one hearing and come before City Council for two public hearings, which time-wise is probably 60 days. Councilmember Dodson asked what additional information will need to be brought forward by the applicant. Mayor Newton stated all the items which have been discussed, platting, tree study, etc. City Manager Jerry Ducay noted in a PUD, 20-percent open space is required and this development currently contains 11.3-percent, therefore, a variance would have to be granted. Mayor Newton stated he would be willing to accept the concept plan in the form of a plat as a tradeoff for the zoning to be remanded to a PUD rather than a straight R-20 zoning case. City Council Minutes December 4, 2018 City of Colleyville Page 9 Councilmember Kelley stated he also would like to see the PUD. There was discussion regarding open space, platting, and the City Council’s willingness to accept a lesser percentage of open space because the developer is going through extra steps. Mr. Maykus asked if he could summarize what he believes the Council has highlighted and must be in the PUD request if it goes back to P&Z. Mayor Newton agreed. Mr. Maykus noted: • 25 lots on 17.3 acres • Minimum of 20,000 square foot lots • Tree Survey and Mitigation Plan • Gated subdivision with private streets with public pedestrian access • Attach plat to the PUD with more detail • Deed restrictions • Understanding we will not meet the 20-percent open space Mr. Maykus noted the development is under contract and the process was begun in March and asked Mayor Newton if we can expedite the process. Upon consultation with staff, it was decided it would go to P&Z on January 14, and City Council January 22 and February 5. Mayor Newton made a motion to remand Ordinance O-18-2066 to the Planning and Zoning Commission as an R-20 PUD, 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 Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. Mayor Newton stated he was going to move to Item 6a and will come back to Item 5b after the rest of the business was conducted. 5b 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. In view of the lateness of the hour (after midnight) the Council discussed tabling the ordinance and completing it in the December 18th meeting. City Council Minutes December 4, 2018 City of Colleyville Page 10 Councilmember Wheat made a motion to table Ordinance O-18-2067 and Councilmember Rigney seconded the motion. The motion to table was approved 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. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-18-2068 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority Mayor Newton read the caption of Ordinance O-18-2068. Assistant City Manager Mark Wood presented this item and answered questions of the City Council. Mayor Newton explained this is a pass-through cost as the Trinity River Authority, TRA, provides water and wastewater treatment services to the City, as well as other cities. Mayor Newton noted the City cannot control these costs, however, the costs are divided amongst all cities served by TRA. Mayor Newton also noted TRA provided a program to the City Council which outlined some of the capital improvement projects, noting that rags, wipes, and products marketed to be flushable are tearing up equipment and requiring new equipment and processes to handle the waste. He reminded everyone it is important to communicate the items mentioned are not safe for the system. Mayor Newton opened the public hearing at 9:21 p.m. Kathleen Hennessey, 5013 Stonebridge Drive, noted it would be helpful to recyclers if food cans were rinsed or cleaned in the dishwasher before disposing. There was no one else wishing to speak, and Mayor Newton closed the public hearing at 9:23 p.m. This is a first reading, therefore, City Council did not take action. 6b Ordinance O-18-2069 Consideration of a zoning change from PUD-C Planned Unit Development – Commercial district, PUD-R Planned Unit Development – Residential district, City Council Minutes December 4, 2018 City of Colleyville Page 11 and ML Light Manufacturing district to AG Agricultural district on Lot 1A, Block 12, of the Longwood Estates at Ross Downs and Tract 1, Abstract 294 & Tract 4A3A, Abstract 591, in the Robert Chowning Survey, located at 7201 Colleyville Boulevard, Case ZC18-030 Mayor Newton read the caption of Ordinance O-18-2069. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Mayor Newton stated the purpose of this ordinance is to ensure we show the appropriate designation on the future land use map. Mayor Newton opened the public hearing at 9:28 p.m. Dave Dudziak, 2301 Wilkes Court, spoke in support of this item, adding a path to the Cotton Belt Trail, and thanked staff and the City Council. There was no one else wishing to speak, Mayor Newton closed the public hearing at 9:30 p.m. This is a first reading, therefore, City Council did not take action. 6c Ordinance O-18-2070 Consideration of a Special Use Permit for a carport on Lot 16, Block 2, of the Quail Crest Estates Addition, located at 316 Quail Crest Drive, Case ZC18- 032 Mayor Newton read the caption of Ordinance O-18-2070. Community Development Director Ben Bryner presented this item, stated a super majority vote will be required, and answered questions of the City Council. Councilmember Dodson asked when the eight-foot wood fence was approved. Director Bryner stated earlier in 2018 and it was permitted. Mayor Newton asked if any other fences had been permitted. Director Bryner replied no. Mayor Newton opened the public hearing at 9:41 p.m. Elizabeth Pursely, 400 Quail Crest, spoke in opposition to this item with concerns for property values and rights of property owners. Mark Pursely, 400 Quail Crest, spoke in opposition to this item with concerns for drainage and fencing. City Council Minutes December 4, 2018 City of Colleyville Page 12 The following did not wish to speak, but registered opposition to this item: Larry Cox, 504 Quail Crest Drive, Mark Van Sickle, 412 Falcon Court. There were no others wishing to speak, Mayor Newton closed the public hearing at 9:41 p.m. Applicants Neil and Joyce Morris, 360 Quail Crest, presented this item and answered questions of the City Council. Mr. Morris stated he constructed the system to protect the family vehicles and did not anticipate it was not allowed or there would be opposition from the neighbors. Mr. Morris went on to state he is a 100-percent disabled veteran from the Vietnam era and has cancer. He and his wife are elders in their church and they did not have any intention to deceive neighbors. Mr. Morris stated he believed he had an agreement with the neighbors. After concerns were raised regarding water run- off, he installed a 6” curb between the back and side yard. Mr. Morris also stated the structure can be disassembled and taken to a new location. Mayor Newton thanked Mr. Morris for his services and stated it is the City Council’s responsibility to ensure compliance with the Land Development Code. In this case there are many violations and he does not believe the Council will be able to approve this item because of the number of violations. Councilmember Kelley asked Mr. Morris how long he had used the structure in Bedford. Mr. Morris replied 18 years. Councilmember Nakamura thanked Mr. Morris for his service and noted if she lived next door, she would not like the structure either. Mayor Pro Tem Lindamood thanked Mr. Morris for his service and asked if he received a permit for the 6 foot to 8 foot fence. Mr. Morris replied he permitted the 8 foot fence because the six foot fence was already in place. Mayor Pro Tem Lindamood said he could not support this request. This is a first reading, therefore, City Council did not take action. 6d Ordinance O-18-2071 Consideration of a zoning change from R-10 Single Family Residential district to R-20 Single Family Residential district on Tracts 6A & 6A2, Abstract 1203, in the Peterson Pate Survey, located at 713 Field Street, Case ZC18-034 Mayor Newton read the caption of Ordinance O-18-2071. Community Development Director Ben Bryner presented this item and answered questions of the City Council. City Council Minutes December 4, 2018 City of Colleyville Page 13 Mayor Newton asked what the size of each lot is and Director Bryner replied 26,528 and 24,671 square feet. Mayor Pro Tem Lindamood asked if the home is going to be removed. Director Bryner stated he did not think so. Mayor Newton opened the public hearing at 10:15 p.m. There was no one wishing to speak, Mayor Newton closed the public hearing at 10:15 p.m. This is a first reading, therefore, City Council did not take action. Mayor Newton recessed the City Council meeting at 10:15 p.m. and reconvened at 10:29 p.m. At 11:56 p.m. a vote was taken and unanimously approved to continue beyond midnight 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a 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 Councilmember Dodson made a motion to remove this ordinance from the table and Councilmember Kelley seconded the motion which passed unanimously. Mayor Newton read the caption of Ordinance O-18-2056. Community Development Director Ben Bryner provided a quick history of this item, reviewed the development plan, and stated there were several letters of opposition received since the packet was distributed and a super majority vote is required as there is 26% opposition. Mayor Newton stated he is appreciative of the efforts of everyone involved, we have spent a long time on this case – neighbors, Burk Collins and his team, City Council and staff. As he has stated before this is an iconic location in Colleyville, it’s beautiful and it is challenging whenever change takes place on something so beautiful. Mayor Newton noted he lives on Holly Lane which is on the west boundary of this property, in the Hidden Oaks Addition. He wants to spend whatever time needs to be spent on this item. He has participated in meetings City Council Minutes December 4, 2018 City of Colleyville Page 14 with the neighbors in Hidden Oaks and worksessions with City Council. Mayor Newton said he had committed to insuring the Council heard all concerns raised by the neighbors and that their concerns would be mitigated by including solutions to their concerns in the PUD ordinance giving those solutions the force of law. Mayor Newton also complimented developer Burk Collins for always listening to the neighbors’ concerns and coming up with actions to alleviate their concerns. At this time Mayor Newton said he is unaware of any issue identified by a neighbor that has not been mitigated in the PUD ordinance Mayor Newton stated it is important all of the items discussed are built into the ordinance because it ensures it becomes City law and provides the City with authority to enforce. Mayor Newton noted there is a list of over 20 items which have been captured. Councilmember Callie Rigney stated she is also a neighbor to the development being considered and she lives on Hix Court. Mayor Newton opened the public hearing at 10:39 p.m. Bryan Fleming, 7312 Hix Court, spoke in opposition with concerns for compatibility. Charles Mady, 7301 Trianon Court, spoke in support. Tradonna Colgan, 8005 Derby Run Drive, North Richland Hills, spoke in support of this item, identified herself as the legal heir, and spoke in regard to life changes, the integrity of her parents, and the character of the development. Jerry Huffman, 7309 Trianon Court, spoke in support. Christine Gottredson, 7321 Trianon Court, spoke in support. John Perone, 1216 Holly Lane, spoke in opposition with concern for density, traffic, and compatibility. Charles Pierce, 7212 Holly Lane, spoke in opposition with concerns for rain, drainage, backflow, integrity of the land, and traffic. Jeff Polk, 5705 Ponderosa, via video presentation, spoke in support. Frank Genco, 1104 John McCain, spoke in opposition and corrected misinformation he had presented in a previous Council meeting at the first reading and public hearing of this ordinance. Natalie Genco, 1104 John McCain, spoke in opposition with concerns for density, compatibility, the country atmosphere, and drainage. City Council Minutes December 4, 2018 City of Colleyville Page 15 Kathy Hadley, 204 N. Timberline, spoke in opposition with concerns for density and the country atmosphere. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition with concerns for density and drainage. The following did not wish to speak: Curt and Donna Kauffman, 1208 John McCain – opposed. Blair Cox 4308 Woodcrest Place, Keller, legal heir – support. There being no others wishing to speak, Mayor Newton closed the public hearing at 11:16 p.m. Burk Collins, 1312 John McCain, applicant, spoke regarding the history of the purchase of the property, and thanked Mr. Genco for addressing previous statements and setting the record straight. Mr. Collins then spoke to the meetings and concerns which he addressed with solutions and agreements with the neighbors and stated a traffic study did not show a substantial increase in traffic. Mr. Collins noted a $3 million flood survey indicates there is no need for concern with the creek. Mr. Collins further stated he has met the requests of landowners, exceeded City code, and he cannot find a solid reason to be denied. Mayor Newton stated Charles Pearce’s comments on creek “backflow” at flood stage should be addressed for the public at large since it had been addressed in a public City Council worksession. At the time this question came to the attention of the City Council, the City staff located a full Bear Creek Flood Study with a flood plain boundary projection through 2050 which was paid for by the Federal Government. The Mayor then highlighted the projections in the study and noted there are no changes in the flood plain boundaries with full development along the creek. Mayor Newton also noted topo maps were prepared that adequately explained creek flow that has been observed at flood stage. Mayor Newton went on to discuss what can be built and lot sizes allowed in the current AG zoning. He also noted the applicant could develop under the current zoning and the City Council would be required to approve the plat if it met all Land Development Code requirements. If developed under the current zoning, Mayor Newton pointed out that none of the hard won concessions built into the current PUD would be enforceable. This is a risk to the neighbors desire to have these concessions, if this PUD is not approved. Mayor Newton went on to say all of the special concessions can be enforced in the proposed PUD-R. Mayor Newton then read specific sections of the ordinance that City Council Minutes December 4, 2018 City of Colleyville Page 16 detailed all of the changes the developer made to the PUD ordinance and special requirements included in the PUD ordinance to satisfy all issues raised by any of the neighbors. The Mayor stated he is comfortable that all items have been addressed and he is unaware of any others. In addition Mayor Newton pointed out that even if the developer sold the development after approval of this PUD ordinance, the new owner would have to conform to the PUD requirements and the neighbors would still know exactly what would have to be constructed. Councilmember Rigney stated her concern for the 26-percent opposition and thanked Mr. Collins for the traffic study, but noted she had requested which builder had committed to the development and that information has not been given to her. Mayor Newton asked the applicant to summarize which builders had committed to the development. Randy White, 806 Cleve Court, Southlake, stated some of the builders which were on contract have dropped out and there is a new list of builders who have been approved. Councilmember Kelley stated he appreciates all the changes Mr. Collins has made, but he sees this as three developments glued together, instead of one cohesive development, due to mixed lot sizes. In responding to Councilmember Kelley, Mayor Newton noted the lot sizes were changed to accommodate a variety of requests. Councilmember Dodson stated he did not like the lot sizes being cut back either and would have preferred the larger lots throughout and he is also concerned about the high opposition. Mayor Pro Tem Lindamood thanked everyone involved with working on this development, and doing so with class. Mayor Newton made a motion to approve Ordinance O-18-2056, and Mayor Pro Tem Lindamood seconded the motion. The motion to approve failed from lack of super majority by the following vote: Aye: 4 – Mayor Richard Newton, Mayor Pro Tem Lindamood, and Councilmembers Tammy Nakamura, George Dodson Nay: 3 – Councilmembers Kathy Wheat, Chuck Kelley, and Callie Rigney. City Council Minutes December 4, 2018 City of Colleyville Page 17 Mayor Newton made a motion to allow this application to proceed without prejudice and Councilmember Wheat seconded the motion. The motion to allow the application to proceed without prejudice, was approved by the following vote: Aye: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley Nay: 1 - Councilmember Callie Rigney 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-18-4332 Consideration of a Replat for Lots A1R-1 and A1R -2, Block 2, of the Pleasant Oaks Estates Addition, located at 512 and 600 Leta Lane, Case PC18-014 Mayor Newton read Resolution R-18-4332 in its entirety. Director Bryner presented this item and answered questions of the City Council. Mayor Newton opened the public hearing at 12:24 a.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 12:24 a.m. Councilmember Dodson made a motion to approve Resolution R-18-4332, and Councilmember Wheat 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. 8b Resolution R-18-4333 A resolution changing January, May, October, and November 2019 City Council meetings dates Mayor Newton read Resolution R-18-4333 in its entirety. This item is self-explanatory and there was no discussion. Mayor Newton opened the public hearing at 12:26 a.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 12:26 a.m. Councilmember Dodson made a motion to approve Resolution R-18-4333, and Councilmember Nakamura seconded the motion. City Council Minutes December 4, 2018 City of Colleyville Page 18 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. 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 9a Resolution R-18-4294 Consideration of a final plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, located at 105 and 103 John McCain Road and 7189 Cast Iron Forest Trail, Case PC17-004 The Mayor asked the City Manager if any new information has been brought forward by the applicant. The City Manager said no, so this item remained tabled. 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathleen Hennessey, 5013 Stonebridge Drive, spoke regarding the design, turn- around, and drainage on Cherry Lane. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 4, 2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4334 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 12:45 a.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 18TH DAY OF DECEMBER 2018. Minutes taken and prepared by: Christine Loven, TRMC City Secretary