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HomeMy WebLinkAboutCity Council-Minutes-07/02/2019 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, July 2, 2019 WORKSESSION – 4:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Discussion of the Enterprise Fleet Management Program WS-2 Review of Fees and Charges WS-3 Discussion and review of the Five Year CIP WS-4 Selection of a date to conduct a worksession with MESA regarding SH26 design WS-5 Discussion and review of the June 21, 2019, Stars and Guitars event WS-6 Discussion of the July 2, 2019, 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 case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 Section 551.074 – Personnel – Discussion regarding the evaluation, review, employment, and duties of the City Attorney Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Agenda July 2, 2019 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Lanre Sobo, Glory House 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-19-4396 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 City of Colleyville earning the GFOA Budget Award for the FY2019 adopted budget - Mayor Richard Newton 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19- 4397 4a Approval of the minutes of the regular City Council meeting of June 18, 2019 4b Approval of the minutes of the City Council Worksession of June 20, 2019 4c Approval of the renewal for medical insurance and award of dental insurance to BlueCross BlueShield of Texas, and authorize the City Manager to execute the agreements 4d Approval of a construction contract with SPI Asphalt, LLC, for the 2019 Hot-Mix Asphalt Concrete (HMAC) Project, in an amount not to exceed $1,011,200.00, and authorizing the City Manager to execute the contract 4e Approval of a construction contract with Prater Electric, LLC for the City Hall/Library Emergency Generator, in an amount not to exceed $364,500, and authorizing the City Manager to execute the contract 4f Approval of an amendment to Resolution R-19-4388, item d. transferring the Westcoat at John McCain Intersection Improvement Project (“Project”) from MSA Professional Services, Inc., to Kimley- Horn and Associates, Inc., and authorizing the City Manager to execute the contract documents for the Project City Council Agenda July 2, 2019 City of Colleyville Page 3 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Update on SH26 construction project by TxDOT staff 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-19-2084 Amending the City of Colleyville Code Of Ordinances, Chapter 6 – Alcoholic Beverages, by amending Section 6-5 6b Ordinance O-19-2085 Amending the Code of Ordinances, Part II, Chapter 2, Section 2-26; specifically amending Section 18-22 – Permit Issuances; Table 3-A – Building Permit Fees 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-19-2086 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 1R-2, Block 1, of the Mockingbird Hill Addition, located at 6260 Pool Road, Case ZC19-006 8. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 8a Ordinance O-19-2081 Consideration of a zoning change from AG Agricultural district to R-40 Single Family Residential district on Lot 1, Block 1, of the J.M. Presley Addition and 17.5 feet along the east boundary, located at 2308 Glade Road, Case ZC19-003 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-19-4398 Consideration of a Final Plat for Lots 1-15, Block A, Lots 1-6, Block B, Lots 1-6, Block C, Lot 1, Block D, Lot 1, Block E, Lot 1, Block F, and Lot 1, Block G, of the Legacy North Addition, located at 712-810 Lavaca Trail, Case PC19-009 9b Resolution R-19-4392-1A A resolution amending, restating, and repealing Resolution R-19- 4392-1 City Council Agenda July 2, 2019 City of Colleyville Page 4 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 11. REPORTS Sign Board of Appeals Minutes - May 8, 2018 Sign Board of Appeals Minutes - August 15, 2018 Sign Board of Appeals Minutes - November 14, 2018 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JULY 2, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4399 13. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 28, 2019 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, July 2, 2019 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, July 2, 2019, at 4:53 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, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, Colleyville Center Manager Leslie Hill, Human Resources Director Jesse Perez, Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the Enterprise Fleet Management Program Assistant City Manager Adrienne Lothery presented this item by highlighting the process staff used to research and evaluate the potential of utilizing the Enterprise Fleet Management Program. She noted outsourcing is becoming a trend among area cities, noting Bedford, Haltom City, Prosper and Keller are utilizing the program. Manager Lothery explained many cities lease the vehicles, however, Colleyville would cash fund the program, noting Keller and Prosper also cash fund the program. Manager Lothery stated the City has a vehicle replacement program, based on age, mileage, and maintenance, however, the difference between the City program and the Enterprise program is the ability to upgrade the age of the fleet, lessen the maintenance costs, increase safety and mileage, and time the vehicle’s resale to earn a higher return on the investment compared to auction. Manager Lothery introduced Jennifer Bertram, Enterprise Senior Account Executive, who reviewed the strengths of the Enterprise Program, noting their overall strategy results in savings from fuel efficiency and reduced maintenance expenses, and careful timing of resale. Ms. Bertram stated Enterprise Rent-a-Car is the largest seller of vehicles in the world, and sells one million vehicles a year to their network of dealers to maximize the return. Ms. Bertram reviewed the details of the current City fleet, the proposed program, and answered questions of the City Council. There was discussion regarding costs and terms for leaving the program, alteration and damage to vehicles, insurance, City staffing, and start-up costs. City Council Minutes July 2, 2019 City of Colleyville Page 2 City Council directed staff to move forward with preparations to enter into an agreement with Enterprise Fleet Management, and to bring a resolution forward at a future meeting. WS-2 Review of Fees and Charges Assistant City Manager Mark Wood reviewed the projected rental rates for Colleyville Center and the Webb House. There was discussion regarding the new Plaza rental fees and availability. City Council directed staff to add a rental option and fee for the Plaza. There was discussion regarding there being no furnishings at the Webb House, the rental fee, and the purpose of the Webb House. City Council directed staff to provide more options for Council consideration before moving forward. Manager Wood stated the building fees are on the agenda as a second reading and the fee change is being mandated by the legislature. WS-3 Discussion and review of the Five Year CIP Public Works Director Ray Silva-Reyes presented this item. He reviewed the 2019 programs and projects, providing a status on each. Director Silva-Reyes provided a category and line item review of each 2020 Project to include drainage, facilities, master plans, streets, parks, and water and wastewater. He further provided a demonstration of the interactive webpage Petite Kirkendoll and the IT staff created which provides very thorough project updates and strategic planning. The City Council thanked Director Silva-Reyes for the good work and for reviewing the plan with them individually to allow time for questions and understanding. WS-4 Selection of a date to conduct a worksession with MESA regarding SH26 design City Council directed staff to prepare for a worksession on August 27, 2019. WS-5 Discussion and review of the June 21, 2019, Stars and Guitars event Due to time restraints, this discussion was brief with everyone stating the feedback from the Stars and Guitars event was very positive. Staff will review the details and consider adding cooling stations, involving more businesses and food trucks, and will continue the planning for 2020 event. WS-6 Discussion of the July 2, 2019, City Council regular agenda items Mayor Newton stated Item 8a will remain on the table for this meeting, but he anticipates the applicant will be ready at the July 16, 2019 meeting. City Council Minutes July 2, 2019 City of Colleyville Page 3 Mayor Newton adjourned the worksession at 6:25 p.m. Mayor Newton called the Executive Session to order at 6:26 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 case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 Section 551.074 – Personnel – Discussion regarding the evaluation, review, employment, and duties of the City Attorney Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, 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 7:18 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:38 p.m. City Council Minutes July 2, 2019 City of Colleyville Page 4 INVOCATION: Pastor Lanre Sobo, Glory House 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-19-4396 Mayor Newton read Resolution R-19-4396 in its entirety. Assistant City Manager Adrienne Lothery stated the $72,000 economic development grant is for the property at 5121 Thompson Terrace, which is a key SH26 and Main Street intersection. Manager Lothery noted complete renovations would consist of an expected owner investment of $218,640, which would provide for the addition or replacement of the exterior face of the building with brick/stone façade and paint, new windows and doors, an upgrade to the street facing roof material and new roof, new or updated building signage and monument sign, improved landscaping, lighting and updated electrical. Mayor Newton stated City Attorney Whitt Wyatt is changing firms and this resolution allows the City to retain his services. Mayor Newton opened the public hearing at 7:45 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:45 p.m. Councilmember Rigney made a motion to approve Resolution R-19-4396 and Councilmember Dodson seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor and City Council members made the following announcements: Visit from First Colleyville Squad Youth Group: Mayor Newton thanked the First Colleyville Squad who made us a brownie Nemo cake, delivered the cake with the nice note, and allowed us to Facebook Live their kind gesture. 32 Village Lane Demolition: The fire-damaged structure at 32 Village Lane is in the process of being demolished and the site cleaned. The City Fire Marshal and City Council Minutes July 2, 2019 City of Colleyville Page 5 Fire Chief worked with the property owner, village owner’s association representative, and insurance companies to get the site cleaned. We are thankful to all who worked in such a timely manner to bring this tragic situation to a close. Staff continues to work with the owners of Ruggeri’s to bring the restaurant to a new location in Colleyville. TEX-21 Membership Pays Off: The City of Colleyville joined TEX-21 as a way to stay connected to local and regional transportation concerns. TEX-21 describes itself as “a 20+ year old collective, grassroots effort to improve the transportation infrastructure in the States of Texas and Oklahoma.” While the transportation aspect of TEX-21 has been informative to our community, the legislative prowess of the organizational leaders, David Dean and Linda Brown, is outstanding. This past legislative session has allowed Colleyville a seat at the table discussing property tax reform. We have been immersed in this process from the very beginning and TEX-21 has assisted us in that effort (even though it is unrelated to transportation). We thank David Dean and Linda Brown for going above and beyond to assist during the legislative session. Stars and Guitars Event: Last week the City held our annual Stars & Guitars Event. This year’s event featured country artist John Michael Montgomery and a patriotic-themed fireworks show. This event was the culmination of so many efforts. The City Council set the tone last year with a stated desire to produce an exceptional event. City staff and our event committee did not disappoint. City staff from the library, police, fire, public works, parks, Colleyville center, IT, City Secretary, and the City Manager’s Office worked tirelessly to bring us an event that was exceptional and we thank them. Earlier this evening we discussed the event and ideas for next year. We welcome comments from the public as well. If you would like to offer comments or suggestions, please contact the City Manager’s office at 817-503-1111. BEST Grant Gains Momentum: Last week letters were sent to all of our Colleyville businesses along the SH26 corridor. The letter provides information on our two current grant programs—the SIGN grant program and the BEST grant program. We want to do everything we can to make sure businesses are aware of these opportunities that are available to them. Since the mailing hit the mailboxes our phone has been ringing off the hook. Inquiries have come in from at least three businesses each day wanting to learn more about the program. We are excited to see such a positive response from our businesses. The SIGN program has been implemented and provides economic development grants to enhance business signage while the BEST program provides façade enhancement grants for commercial buildings along the SH26 corridor. Chamber Mobile App: The Colleyville Chamber of Commerce is partnering with the City and GCISD on a new mobile app. This app will take our Chamber digital promoting local businesses and community events. The city will fund the city and school district cost of $5,000 each as part of our ongoing TIF economic City Council Minutes July 2, 2019 City of Colleyville Page 6 development initiative. We are pleased to be able to partner with both GCSID and the Chamber on this endeavor and have agreed to fund both City and school costs from the TIF. Water Quality Report Mailed: Residents should have received Colleyville’s annual Water Quality Report in the mail last week. The report outlines the various water quality indicators within the potable (drinking) water supply. The analysis contained within the report was derived from EPA mandated testing. The report is issued annually as an informational source regarding local water quality and provides no identified irregularities or water quality concerns. Questions regarding the report should be directed to our Public Works staff at 815-503-1090. Summer Reading Club Finale: Celebrate an amazing summer at the outdoor Summer Reading Grand Finale on Friday, July 26! Enjoy a live DJ, children’s arts and crafts, face painting, balloons, carnival games, bounce houses, inflatable rides, special guests, and more. All ages are welcome. For more information, check Colleyvillelibrary.com. Colleyville Center Undergoing Improvements: Work has started on the Colleyville Center. The Center is undergoing enhancements that include window repairs, new French doors, fresh landscaping, and interior trim updates. Upgrades will include a 3,900-square-foot courtyard with a water feature and metal trellis for wedding ceremonies. The Center is expected to fully reopen in September. In recognition of the City of Colleyville earning the GFOA Budget Award for the FY2019 adopted budget - Mayor Richard Newton Mayor Newton stated this is the 25th year the City has earned the GFOA Budget Award, noting this speaks to the integrity and dedication of the staff and City Council to controlling costs and maintaining a conservative budget approach. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4397 4a Approval of the minutes of the regular City Council meeting of June 18, 2019 4b Approval of the minutes of the City Council Worksession of June 20, 2019 4c Approval of the renewal for medical insurance and award of dental insurance to BlueCross BlueShield of Texas, and authorize the City Manager to execute the agreements City Council Minutes July 2, 2019 City of Colleyville Page 7 4d Approval of a construction contract with SPI Asphalt, LLC, for the 2019 Hot-Mix Asphalt Concrete (HMAC) Project, in an amount not to exceed $1,011,200.00, and authorizing the City Manager to execute the contract 4e Approval of a construction contract with Prater Electric, LLC for the City Hall/Library Emergency Generator, in an amount not to exceed $364,500, and authorizing the City Manager to execute the contract 4f Approval of an amendment to Resolution R-19-4388, item d. transferring the Westcoat at John McCain Intersection Improvement Project (“Project”) from MSA Professional Services, Inc., to Kimley- Horn and Associates, Inc., and authorizing the City Manager to execute the contract documents for the Project Mayor Newton read Resolution R-19-4397 in its entirety. Human Resources Director Jesse Perez presented item 4c by outlining the process used to seek bids for medical insurance, the programs reviewed, and the City’s loss ratio. He stated through negotiation and by changing dental to BCBS, the best and final price from BCBSTX includes a one-time $20,000 credit and is a 6% increase, compared to an expected increase of over 16% Mayor Newton stated bottom line, we are keeping the same insurance carrier and coverage type, absorbing the 6% increase in the budget, meaning employees do not see an increase. He further stated by adding the dental insurance we received a $20,000 bonus which offset the dental insurance cost for this year, but we should be prepared to see an increase next year. Public Works Director Ray Silva-Reyes reviewed items 4d, 4e, and 4f. 4d – Director Silva-Reyes highlighted the bid process and stated this contract will provide for asphalt pavement improvements for Van Oaks Drive, Bill Simmons Road, Patterson Lane, Felps Drive, Acuff Lane, Bettinger Drive, two sections of Glade Road, Colleyville Service Center, and Colleyville Center, and additional streets may be added if the funds allow. 4e – Director Silva-Reyes stated eight bids were received for this project which City Council approved in July 2018 as part of an acceptance of a grant for the generator. He stated Prater Electric, LLC was the low bidder. 4f – Director Silva-Reyes stated MSA Professional Services sold their Texas assests to Kimley-Horne and this items allows for the previously approved agreement with MSA to be transferred to Kimley-Horn with no change in design or costs. Mayor Newton opened the public hearing at 8:15 p.m. City Council Minutes July 2, 2019 City of Colleyville Page 8 Kathy Hadley, 204 Timberline North, spoke with concerns for the number of times Glade Road is being redone and the money it costs when there is a plan to redo the road in its entirety. Mayor Newton closed the public hearing at 8:17 p.m. Mayor Newton stated the City is paving different sections of Glade Road to stabilize those areas until the reconstruction can begin. He stated the City has not repaved any of the areas on Glade Road multiple times in the last three years. Mayor Pro Tem Lindamood and Councilmember Dodson reiterated the need to stabilize specific areas and not allow further deterioration. Councilmember Nakamura made a motion to approve Resolution R-19- 4397 and Councilmember Dodson seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Update on SH26 construction project by TxDOT staff TxDOT Engineer Minh Tran thanked the City Council for their patience and gave a presentation on the progress of SH26. There was discussion between the City Council and Mr. Tran, with many of the questions going unanswered. At the conclusion of the discussion, Mayor Newton stated a list of questions will be sent to Mr. Tran and he would appreciate TxDot’s responsiveness. Mayor Newton, Councilmembers, and City Manager Jerry Ducay stressed the negative effect TxDOT’s delays have caused, asked for timelines for phase II and III to be completed, when phase IV will start and end, concern and lack of understanding of why the finished north lanes are not being opened, traffic signal installation, signage, medians, and delays. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-19-2084 Amending the City of Colleyville Code Of Ordinances, Chapter 6 – Alcoholic Beverages, by amending Section 6-5 Mayor Newton read the caption of Ordinance O-19-2084. City Council Minutes July 2, 2019 City of Colleyville Page 9 Assistant City Manager Mark Wood stated approval of this ordinance will change the Code of Ordinances to provide for a food to alcohol ratio of 60/40. There was no discussion. Mayor Newton opened the public hearing at 9:01 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:01 p.m. Councilmember Nakamura made a motion to approve Ordinance O-19- 2084 and Councilmember Rigney seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Nays: 1 - Mayor Newton 6b Ordinance O-19-2085 Amending the Code of Ordinances, Part II, Chapter 2, Section 2-26; specifically amending Section 18-22 – Permit Issuances; Table 3-A – Building Permit Fees Mayor Newton read the caption of Ordinance O-19-2085. Community Development Director Ben Bryner presented this item stating the amendment is required immediately as the legislature passed HB852 which prohibits municipalities from calculating residential permit fees based on valuation of the project, which is the current method shared by most north Texas cities. Director Bryner stated this mandate applies to any residential project requiring a building permit. Director Bryner reviewed the proposed fee schedules, noting the schedule proposes $1.00/s.f. for new homes and additions, and $0.80/s.f. for remodels and accessory structures. He also stated staff is proposing a Homestead Exemption which allows for a 50% discount on permit fees which would apply in situations where the property owner occupies the home and is acting as the general contractor for the project and would not apply to new single- family home permits. Director Bryner noted the proposals are in alignment with the cities of Hurst, Euless, Bedford, and North Richland Hills. Director Bryner stated in going through this process the commercial permit fees were also reviewed and it was discovered Colleyville is below market compared to surrounding fees. He stated they are proposing commercial fees for Council consideration at this time, but clarified commercial is for consideration, while the residential fees are mandatory per HB852. City Council Minutes July 2, 2019 City of Colleyville Page 10 There was discussion regarding if the new fees will increase the cost of permits for residential, if the commercial increase is adequate, and the requirement to move quickly without the value of time for analysis because of the legislative mandate. Director Bryner stated he will monitor the new permits and provide an analysis comparison to bring back to the City Council in three months for review and additional direction. Mayor Newton opened the public hearing at 9:20 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the cost of permits. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:22 p.m. Councilmember Dodson made a motion to approve Ordinance O-19-2085 and Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, and Kelley. Nays: 1 – Councilmember Rigney 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-19-2086 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 1R-2, Block 1, of the Mockingbird Hill Addition, located at 6260 Pool Road, Case ZC19-006 Mayor Newton read the caption of Ordinance O-19-2086. Director Bryner presented this item and reviewed the setback requirements for R- 40 zoning, noting the proposed zoning meets the intent of the residential designation assigned in the Destination Colleyville Comprehensive Plan and the Land Development Code. Councilmember Nakamura asked why the zoning was not completed earlier when the lot came before the Council, stating she is concerned the applicant is considering two houses. City Council Minutes July 2, 2019 City of Colleyville Page 11 Director Bryner responded the zoning was not requested earlier based on the pending home design, however, the design is now complete and can be placed in R-40 zoning. Councilmember Dodson stated he does not like to see this under zoning because of side yard setbacks, and would like the zoning to be RE with a waiver for the side setbacks. Director Bryner stated in anticipation of Councilmember Dodson’s preference, this item has been noticed and RE with a variance can be considered at the July 16, 2019 City Council meeting. Mayor Pro Tem Lindamood asked if there was a response given to the author of the letter of opposition. Director Bryner stated the concerns were discussed at the Planning and Zoning Commission meeting, and after it was discussed and understood this is a single lot with one home, the concerns were alleviated. City Manager Jerry Ducay stated he spoke with the author of the opposition letter as well, and the concern was the possibility of multiple lots. He asked the author if the RE with a variance was a reasonable compromise and he agreed it alleviated his concerns. Mayor Newton asked applicant Brian Hill, 512 Shelton Drive, if the RE with a variance would be acceptable. Mr. Hill stated it is acceptable, but asked if the process has to start all over again. Mayor Newton advised the zoning could be changed to the RE with a variance by the July 16, 2019 second reading. Mayor Newton opened the public hearing at 9:36 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:36 p.m. This was a first reading, therefore, no action was taken. 8. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 8a Ordinance O-19-2081 Consideration of a zoning change from AG Agricultural district to R-40 Single Family Residential district on Lot 1, Block 1, of the J.M. Presley Addition and 17.5 feet along the east boundary, located at 2308 Glade Road, Case ZC19-003 This item remained tabled. City Council Minutes July 2, 2019 City of Colleyville Page 12 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-19-4398 Consideration of a Final Plat for Lots 1-15, Block A, Lots 1-6, Block B, Lots 1-6, Block C, Lot 1, Block D, Lot 1, Block E, Lot 1, Block F, and Lot 1, Block G, of the Legacy North Addition, located at 712-810 Lavaca Trail, Case PC19-009 Mayor Newton read Resolution R-19-4398 in its entirety. Community Development Director Ben Byner presented this item, noting this was a request for the final plat and is the final step for approval, once the construction plans are approved, which allows for them to move forward with construction of the subdivision. Councilmember Dodson asked if the Engineering Department has reviewed the plat and is comfortable with everything. Director Bryner replied Engineering is in the process of review, and if there is a problem or required change, the item will have to come back before City Council. Mayor Pro Tem Lindamood stated staff has been proactive on this project and he appreciates their effort. Mayor Newton opened the public hearing at 9:43 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:43. Mayor Pro Tem Lindamood made a motion to approve Resolution R-19- 4398 and Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 9b Resolution R-19-4392-1A A resolution amending, restating, and repealing Resolution R-19-4392- 1 Mayor Newton read Resolution R-19-4392-1A in its entirety. Mayor Newton explained the waiver of fees by the Village Owners Association was intended to be in the previous resolution as this property is going to have a public use, but the motion to approve that resolution did not explicitly state this, therefore, this resolution clearly states the waiver and there will be no misunderstanding about the City’s position on this. Mayor Newton stated he would like the words “or refunded” added to Section 2. City Council Minutes July 2, 2019 City of Colleyville Page 13 Mayor Newton opened the public hearing at 9:48 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:48. Councilmember Wheat made a motion to approve Resolution R-19-4392- 1A and Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Craig Walter, 5910 Craig Lane, spoke regarding his concerns with the Highway 26 presentation given by TxDOT, stating no information was provided, the presentation was elementary, and no details or answers were provided. Mr. Walter also asked City Council to not place a lot of grass in the medians, as it is a safety hazard for workers having to maintain the medians. Kathy Hadley, 204 Timberline North spoke regarding the City’s positive response to concerns on Jackson Road, stated she would prefer less rock and brick be considered for the SH26 medians, stated the geese are still crossing on Riverwalk and Bluebonnet and encouraged caution, and reminded Council to book middle and high school choirs for December events now. 11. REPORTS Sign Board of Appeals Minutes - May 8, 2018 Sign Board of Appeals Minutes - August 15, 2018 Sign Board of Appeals Minutes - November 14, 2018 There was no discussion of this item. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JULY 2, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4399 This resolution was not needed. 13. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:10 p.m. City Council Minutes July 2, 2019 City of Colleyville Page 14 APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 16TH DAY OF JULY 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary