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HomeMy WebLinkAboutCity Council-Minutes-07/16/2019 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 16, 2019 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the Bransford Water Tank Rehabilitation project WS-2 Discussion of the Entrepreneur Center WS-3 Discussion of the July 16, 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 – Deliberate the evaluation, review, employment, and duties of the Director of Finance 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 REGULAR MEETING 7:30 P.M. City Council Agenda July 16, 2019 City of Colleyville Page 2 CITY COUNCIL CHAMBERS INVOCATION 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-19-4400 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of the Colleyville Rotary Club $5,000 donation to the Colleyville Public Library - Mimi Tram, Rotary Club, Library Director Mary Rodne, and Mayor Richard Newton In recognition of the Featured Business of the Month - New You Chiropractic Wellness Center, 5005 Heritage Avenue, Suite 105 - Dr. Tony Kelsoe and Mayor Richard Newton 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4401 4a Approval of the minutes of the regular City Council meeting of July 2, 2019 4b Approval of a construction contract with Nu-Way Construction, LLC, for the City Hall Terra Cotta Way Road Widening Project, in an amount not to exceed $60,142.50, and authorizing the City Manager to execute the contract 4c Approval of a construction contract with Scott Beck Construction, Inc., for the City Hall Entry Doors Renovation Project, in an amount not to exceed $100,675, and authorizing the City Manager to execute the contract 4d Denial of a bid submittal with Intermountain Slurry Seal, Inc, for the 2019 Micro-Surface Project, and authorizing staff to re-bid the project for Fiscal Year 2020 5. ITEMS NOT FOR CITY COUNCIL ACTION Monthly Financial Report – June 30, 2019 City Council Agenda July 16, 2019 City of Colleyville Page 3 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-19-2086 Consideration of a zoning change from the AG Agricultural zoning district to the RE Single Family Estate 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 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-19-2087 Approval of the Fiscal Year 2020 Colleyville Crime Control and Prevention District budget 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-19-4402 Request for a variance to certain provisions of Section 3.24.G, Schedule of District Regulations on Lot 1R2, Block 1, of the Mockingbird Hill Addition, located at 6260 Pool Road, Case VC19-001 9b Resolution R-19-4403 Consideration of a Replat for Lot 1R, Block 1, of the J.M. Presley Addition, located at 2308 Glade Road, Case PC19-011 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JULY 16, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4404 12. ADJOURNMENT City Council Agenda July 16, 2019 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 13, 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 16, 2019 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, July 16, 2019, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, George Dodson, Chuck Kelley and Callie Rigney Absent: Councilmember Kathy Wheat 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, Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City Secretary Christine Loven WS-1 Discussion of the Bransford Water Tank Rehabilitation project Director of Public Works Ray Silva-Reyes presented this item, noting the rehabilitation project will provide the City logo to be redirected toward the south, facing northbound traffic on Bransford Road. Director Silva-Reyes added the project includes an auto-slide gate, decorative fence, additional lights and cameras, and enhanced landscaping. He then presented the four color schemes and asked City Council to provide direction. Following discussion, City Council chose the color Bisque for the tank paint color. WS-2 Discussion of the Entrepreneur Center Assistant City Manager Mark Wood presented an update on the Entrepreneur Center, noting since the June 4, 2019, City Council Worksession, staff has signed an LOI with Wells Fargo, and has met with the Chamber and Tarrant County College to discuss programing. Additionally, Wells Fargo is drafting a sublease document, and the City Attorney is working on a City/Chamber agreement. Manager Wood discussed the three E’s in regard to the Entrepreneur Center: Events, Education, and Entrepreneurship and what each will require. Manager Wood stated going forward the remaining to-do list includes establishing an entrepreneurship committee, enter into an agreement for design and construction, and award the contract. City Council Minutes July 16, 2019 City of Colleyville Page 2 WS-3 Discussion of the July 16, 2019, City Council regular agenda items Mayor Newton noted agenda items 6a and 9a will require a super majority vote and he will recommend opening a public hearing, then table the item to allow the applicant to work with the opposition to resolve issues. Mayor Newton advised City Council he plans to open item 9b before 9a. Mayor Newton adjourned the worksession at 6:02 p.m. Mayor Newton called the Executive Session to order at 6:02 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, George Dodson, Chuck Kelley and Callie Rigney Absent: Councilmember Kathy Wheat 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 – Deliberate the evaluation, review, employment, and duties of the Director of Finance 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, City Council Minutes July 16, 2019 City of Colleyville Page 3 Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:04 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:33 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, George Dodson, Chuck Kelley and Callie Rigney Absent: Councilmember Kathy Wheat Mayor Newton expressed the sympathy of the City Council, City staff, and community to Councilmember George Dodson and wife Vonnie Dodson in the passing of their son. INVOCATION: Pastor Dale Molden, First Baptist 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-19-4400 Mayor Newton read Resolution R-19-4400 in its entirety. Assistant City Manager Mark Wood introduced Kyle Lester, who will begin employment as the City’s Director of Finance in September. Manager Wood stated Kyle has 12 years of municipal finance experience and currently serves as the finance director in Weatherford where he has worked since 2012. Kyle began his career in Weatherford as the budget and strategic planning manager, and was promoted to assistant finance director before being promoted to his current finance director position. Prior to Weatherford, he was a management analyst for the city of Arlington and a senior associate at Moody's Investors Service. Kyle has a bachelor's degree from Texas Christian University and a master of public administration from the University of North Texas. He is also a certified government finance officer through the Government Finance Officers Association (GFOA). Kyle has spent six years as a budget reviewer for the GFOA's annual budget awards. Mayor Newton opened the public hearing at 7:38 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:39 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-19- 4400 and Councilmember Nakamura seconded the motion. City Council Minutes July 16, 2019 City of Colleyville Page 4 The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Wheat 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: State Hwy 26 Project: Mayor Newton stated the presentation by Minh Tran, TxDOT area engineer, at the July 2 meeting is the only information we received regarding the overall completion schedule which was disappointing and unsatisfactory and the City has not received adequate feedback regarding work, milestones, and completion projections. As a result, he has sent a letter to the TxDOT Area Engineer listing many questions that we wanted answers to and asked for the answers by the end of the month. Mayor Newton stated he copied Commissioner Gary Fickes, Chairman of the Regional Transportation Committee, Representative Giovani, and Senator Beverly Powell and subsequently talked to Commissioner Fickes, Senator Powell, and Representative Giovanni's Chief of Staff to let them know the City would like their assistance depending on the answers to the questions, and all agreed to stand ready if needed. Mayor Newton said after the City receives a response from the TxDOT, he will follow up with TxDOT management. He believes the good news is that the Colleyville Engineering staff’s belief is the project can still be completed by the end of the year and we will strive to make that happen if at all possible. Mayor Newton noted it does appear the last stretch of lanes to be completed (on east side south of Church Street down to Centerpark) is moving rapidly and the City has requested the east lanes that are complete north of Church to McCain be opened and that will happen soon. The City has had and continues to have a full commitment of engaging TxDOT to insure this project is completed as soon as possible with as little impact to citizens and business as possible. Heroes Park Enhancements Coming: Continuing our efforts to beautify the community and demonstrate exceptionalism at every tum, we have begun work to upgrade and renovate Heroes Park. This pocket park, located south of City Hall, memorializes our community's heroes. The area is in need of some TLC and we think it is important to have an exceptional place to honor our community's heroes. We have engaged the same design team that worked on the Plaza in order to create a cohesive look and feel to the area surrounding City Hall. This fall, several conceptual design options (similar to what was done with the Plaza) will be City Council Minutes July 16, 2019 City of Colleyville Page 5 presented at a Council worksession. We also plan to share the conceptual ideas with the Historical Preservation Committee to get their feedback-they've been wanting to see this project tackled for a while. This project is one that is eligible for TIF funds, under the "downtown improvements" or "plaza" categories in the original project plan. 32 Village Lane Update: The burned structure at 32 Village Lane has been removed. The foundation remains. Conversations with the VOA indicate the structure will be reconstructed in the near future. Staff has indicated a desire to see that process undertaken soon. The VOA representative shared that the previous building included four unit owners. It is likely the new construction will follow a similar design and use schematic. 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 Colleyyillelibrary.com. Leadership Colleyville: The Colleyville Chamber of Commerce is now accepting applications for Leadership Colleyville. Leadership Colleyville is a program designed to strengthen, educate, and encourage current and future leaders of our community. Throughout the nine month program, participants will have the opportunity to grow and connect with a diverse group of business professionals and gain a deeper understanding of relevant community issues. Applications due August 1. Contact the chamber for more information at 817-488-7148. Dancing for the Stars: The Rotary Club of Colleyville is looking for their next star. Dancing for the Stars is a unique, fun-filled, star-studded, community-wide fundraiser. Area business celebrities are paired with a professional dance instructor to prepare one dance, which will be performed at the Dancing for the Stars event. Council Member Rigney and Wheat have participated over the last two years. In 2019, the Dancing for the Stars event raised $100,000 for local and international charities. For information on how to get involved, visit ColleyvilleRotaryClub.org. Proclamation in recognition of the Colleyville Rotary Club $5,000 donation to the Colleyville Public Library - Mimi Tram, Rotary Club, Library Director Mary Rodne, and Mayor Richard Newton Library Director Mary Rodne, and Mayor Richard Newton welcomed Rotary Club president Mimi Tram and Rotary Club members to accept a $5,000 donation to the Library and express their appreciation. City Council Minutes July 16, 2019 City of Colleyville Page 6 In recognition of the Featured Business of the Month - New You Chiropractic Wellness Center, 5005 Heritage Avenue, Suite 105 - Dr. Tony Kelsoe and Mayor Richard Newton Mayor Newton welcomed Dr. Tony Kelsoe and recognized New You Chiropractic Wellness Center, 5005 Heritage Avenue, Suite 105, as the Featured Business of the Month. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4401 4a Approval of the minutes of the regular City Council meeting of July 2, 2019 4b Approval of a construction contract with Nu-Way Construction, LLC, for the City Hall Terra Cotta Way Road Widening Project, in an amount not to exceed $60,142.50, and authorizing the City Manager to execute the contract 4c Approval of a construction contract with Scott Beck Construction, Inc., for the City Hall Entry Doors Renovation Project, in an amount not to exceed $100,675, and authorizing the City Manager to execute the contract 4d Denial of a bid submittal with Intermountain Slurry Seal, Inc., for the 2019 Micro-Surface Project, and authorizing staff to re-bid the project for Fiscal Year 2020 Mayor Newton read Resolution R-19-4401 in its entirety. Mayor Newton opened the public hearing at 8:14 p.m. Public Works Director Ray Silva-Reyes presented items 4b, 4c, and 4d noting the contracts with Nu-Way Construction and Scott Beck Construction are coming forward as a result of City Council’s direction in early 2019. Director Silva-Reyes stated both projects are complementary with the Plaza project and will be completed simultaneously. Director Silva-Reyes explained staff’s request to deny the sole bid for the micro- surface project stating Intermountain, the sole bidder, included a statement noting the bid includes a stipulation that Intermountain will try to work this project into the existing 2019 season construction schedule, but if they can’t, it would be addressed in the 2020 Paving Schedule, April 1, 2020 to September 30, 2020. Director Silva-Reyes said staff wishes to re-bid the project in 2020 to receive competitive bids from additional vendors and to accommodate the “normal” bidding schedule. City Council Minutes July 16, 2019 City of Colleyville Page 7 Kathy Hadley, 204 Timberline DriveNorth, spoke regarding the increase in permit fees and asked Council to limit the costs and have contractors receive payment based on performance. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:16 p.m. Councilmember Dodson made a motion to approve Resolution R-19-4401 and Councilmember Kelley seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Wheat 5. ITEMS NOT FOR CITY COUNCIL ACTION Monthly Financial Report - June 30, 2019 Assistant City Manager Mark Wood reviewed the financial report for June noting this update is 75% of the current fiscal year. Manager Wood stated the City is in good shape, having obtained 91% of projected revenues and spending 70% of budgeted expenses. Manager Wood reviewed the sales tax collection and noted ad valorem is high due to new growth. Manager Wood reviewed each fund, noting all funds are on track, and stated the City has sold 500 million gallons less water this year due to the high rains this year. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-19-2086 Consideration of a zoning change from the AG Agricultural zoning district to the RE Single Family Estate 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. Community Development Director Ben Bryner presented a brief overview of the case, noting at the last meeting, following discussion, the original request of R-40 City Council Minutes July 16, 2019 City of Colleyville Page 8 has been changed to RE at City Council’s request and there is a companion Resolution on this agenda which would grant side yard waivers to the RE request. Mayor Newton stated he spoke with the applicant, and it is his intent to table this item, and the companion resolution, as there was no opposition at the last meeting, but now there is strong enough opposition to require a super majority vote and Councilmember Wheat is not in attendance at tonight’s meeting. Additionally, the resident at 6250 Pool Road has stated he did not receive notification and if the item is tabled until the August 20 meeting, it will allow an opportunity to re-notice and to have the applicant present. He also said he would like to provide an opportunity for the applicant and those opposed to reach a resolution. Councilmember Dodson asked staff if the concern of the opposition is the side yard set-backs. Mayor Newton responded the side yard setbacks are the big concern, however, the resident at 6250 Pool Road, is concerned about the location of the home to be built. Mayor Newton explained the Council would like to see the RE – Residential Estate zoning instead of the R-40 because the lot is over two acres, and it is the Council’s strategy to not allow the property to be subdivided now or in the future. Mayor Newton opened the public hearing at 8:38 p.m. Landon H. Thompson, Law Office of John Meazell, 1400 Gables Court, Plano, TX, representing Jim and Sherry Jacobi, 6250 Pool Road, provided a protest presentation, noting the protest is based on the side setbacks. Mr. Thompson explained the zoning requirements, notification requirements, and zoning variance guidelines. Mr. Thompson stated further objection is given to the size and location of the planned home compared to the area homes, encroachment of view, concerns for drainage, tree preservation, fence line maintenance and access by emergency equipment. Kathy Hadley, 204 Timberline Drive North, spoke in favor of this item stating she likes the estate zoning because we are running out of land and there cannot be multiple homes on the site. Bryan Hill, 512 Shelton Drive, applicant, spoke regarding his desire has been to bring two parcels of land together and build a home, and preserve the City’s heritage of large lots and nice homes. He is understanding of the RE zoning and is fully aware the property could not be subdivided. He addressed his concerns with the neighbor at 6250 Pool Road. Mr. Hill stated his wife was accosted by Mr. Jacobi’s wife, and he feels the opposition to the fence is because the Jacobi’s could no longer enter his property, noting the Jacobi’s had used the gate to enter his land uninvited. Mr. Hill stated the Jacobi home is the home out of line with the other properties. Mr. Hill reiterated the original zoning request was R-40, in an attempt to make the property conform. He understood the reason for being asked City Council Minutes July 16, 2019 City of Colleyville Page 9 to consider RE, but stated he is trying to achieve 18 foot setbacks on each side to build their home. Mr. Hill clarified the size of the home footprint is 7,300 square feet downstairs, 9,700 square feet total, not 15,000 square feet. Kathleen Hennessey, 5013 Stonebridge, spoke regarding the air quality in Colleyville, and requested the applicant not be allowed to build a foundation within two and one half feet of the tree root system so the trees will be safe and continue to filter toxins. Ken Frisbee, 6775 Florence Road, Justin, the builder for the applicant, spoke regarding his length of time building homes in Colleyville and his familiarity with the City’s zoning. Mr. Frisbee addressed the setbacks and compared the requested setbacks to neighboring homes, drainage, building designs, aesthetics, and size and location of the home on the property. Jim Jacobi, 6250 Pool Road, spoke in opposition to this item, stating everyone is saying they are trying to make it right by the neighbor, but they are not, it is all about their wants. Mr. Jacobi stated due to the size and location of the home, he is asking for the courtesy of consideration. Mayor Newton closed the public hearing at 9:14 p.m. Mayor Newton stated he is giving the following summary from the City’s perspective: The Hills came in with an R-40 zoning request, the City Council, based on their strategy for the City and our Master Plan, preferred not to have R- 40, on a piece of property which could be divided in the future and would be a legitimate request. This Council prefers to maintain the integrity of zoning, and in this case the Residential Estate is applicable to the acreage and will not allow for sub-dividing. Mr. Hill said he was okay with the RE, but needed the variances and there was no opposition at the time. Now there is opposition to the setbacks. Mayor Newton stated many different perspectives have been presented and points made. Mayor Newton stated the only control the City has regarding where an owner places a home on the property is through the setbacks. Other constraints are tree mitigation, and drainage is reviewed regardless of all other issues and we want to ensure there is good engineering to ensure proper drainage. Clearly, the biggest issue in this case, will be the variance. Mayor Newton stated the Jacobi’s stated they did not receive proper notice, the Mayor addressed this with the staff, and the City does not have an explanation, but as we are going to table this item, and we have verified the Jacobi’s are on the list. There was discussion between the applicant and the City Council regarding property ownership. Councilmember Nakamura asked the applicant to provide a City Council Minutes July 16, 2019 City of Colleyville Page 10 report regarding the number of trees which would have to be removed, based on the anticipated location of the home. There was discussion of the zoning and platted lot lines. Staff will verify the timing of platting and drawing. Mayor Newton made a motion to table Ordinance O-19-2086 to August 20, 2019, seconded by Councilmember Nakamura. The motion to table was approved with the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Wheat Mayor Newton recessed the meeting at 9:37 p.m. and reconvened at 9:44 p.m. 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-19-2087 Approval of the Fiscal Year 2020 Colleyville Crime Control and Prevention District budget Mayor Newton read the caption of Ordinance O-19-2087. Assistant Police Chief Hillary Wreay presented this item by reviewing the history of the CCCPD and noted in the 2019 budget, the fund was able to cover the cost of two part-time Public Service Officer positions, CALEA accreditation, and a Justice Center dumpster. Chief Wreay reviewed the proposed FY2020 budget, noting requests include a new Sergeant position and vehicle, a part-time Accreditation Coordinator position, training funding for Leadership Development and for De-Escalation / Crisis Intervention Training; Investigative platform and an Early Warning System / Internal Affairs Management System software and new CAD/RMS System. Mayor Newton reiterated the district is funded by a half-cent sales tax approved by voters. He further noted the CCCPD debt will be paid off in 2019. Mayor Newton opened the public hearing at 9:59 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:59 p.m. This was a first reading, therefore, no action was taken. City Council Minutes July 16, 2019 City of Colleyville Page 11 Mayor Newton stated he will come back to Ordinance O-19-2081, after consideration of item 9b. This item was considered at 10:00 p.m. 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 Councilmember Kelley made a motion to remove this item from the table, seconded by Councilmember Rigney. The motion to remove this item from the table was approved with the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Wheat Mayor Newton read the caption of Ordinance O-19-2081. Community Development Director Ben Bryner presented this item stating this is a repeat of item 9b which was just considered by the City Council. At the request of the City Council the ordinance has been updated to reflect the RE zoning and the property does meet the RE zoning with the approved variances ad the RE mitigates the ability to sub-divide the property. Mayor Newton stated he appreciates the owners and neighbors working together on this case. Mayor Newton opened the public hearing at 10:09. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:09 Councilmember Rigney made a motion to approve Ordinance O-19-2081, seconded by Councilmember Dodson. The motion to approve passed with the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Wheat City Council Minutes July 16, 2019 City of Colleyville Page 12 9. RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-19-4402 Request for a variance to certain provisions of Section 3.24.G, Schedule of District Regulations on Lot 1R2, Block 1, of the Mockingbird Hill Addition, located at 6260 Pool Road, Case VC19-001 Mayor Newton read resolution R-19-4402 in its entirety. There was no discussion of this item as it is the companion to Ordinance O-19- 2086 which is tabled to August 20, 2019. Mayor Newton opened the public hearing at 10:12 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:12 p.m. Mayor Newton made a motion to table Resolution R-19-4402 to August 20, 2019, seconded by Mayor Pro Tem Lindamood. The motion to table was approved with the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Wheat This item was considered at 10:00 p.m. prior to consideration of 8a and 9a 9b Resolution R-19-4403 Consideration of a Replat for Lot 1R, Block 1, of the J.M. Presley Addition, located at 2308 Glade Road, Case PC19-011 Mayor Newton read Resolution R-19-4403 in its entirety. Community Development Director Ben Bryner presented this item stating when the property first came before the City Council there were questions regarding a 17.5 square foot area of land which was left out of the platting. Director Bryner stated the applicant has provided a judgement which authorizes the 17.5 square foot area to be included in the plat. Mayor Newton opened the public hearing at 10:05 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:05 p.m.. Mayor Newton stated when this item first came before Council, Mayor Pro Tem Lindamood recused himself, but since that time, the house has been removed which no longer causes a conflict and asked the City Attorney to advise. Per the City Council Minutes July 16, 2019 City of Colleyville Page 13 City Attorney, Mayor Pro Tem Lindamood can vote on this item, because as noted, the conflict has been removed. Councilmember Dodson made a motion to approve Resolution R-19-4403, seconded by Councilmember Rigney. The motion to approve passed with the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Wheat 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathleen Hennessey, 5013 Stonebridge Drive, discussed the quality of drinking water inside of residences. Kathy Hadley, 204 Timberline Drive North, spoke regarding Heroes Park, veterans with PTSD and the need for law enforcement training for assistance to those with PTSD, the birds in the Nature Center who are being harmed by fishing lines and lures, and the geese on Riverwalk Drive. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JULY 16, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4404 This resolution was not needed 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:30 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF AUGUST 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary