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HomeMy WebLinkAboutCity Council-Minutes-06/01/2021 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, June 1, 2021 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Update on the preliminary design for the trail connecting the Nature Center to Sparger Park WS-2 Budget Process Overview WS-3 Discussion of the June 1, 2021, 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, and 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL 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 Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager 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 June 1, 2021 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dave Jung, 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-21-4618 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of a donation to the Colleyville Public Library for the 2021 Summer Reading Program from the Robert J. & Helen H. Glaser Family Foundation in the amount of $10,000 - by the Colleyville Public Library Foundation, Denise Light, President Presentation in recognition of the Robert J. & Helen H. Glaser Family Foundation – Mayor Richard Newton and Library Director Mary Rodne 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4619 4a Approval of the minutes of the regular City Council meeting of May 18, 2021 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-21-2163 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial zoning district to RE Single Family "Estate" Residential zoning district on Lot 1A & 2A, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case ZC21-010 City Council Agenda June 1, 2021 City of Colleyville Page 3 6.TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a Ordinance O-21-2159 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial zoning district to PUD-C Planned Unit Development-Commercial zoning district on Tract 2C03, Abstract 206, BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC21- 003 7.RESOLUTION(S): READING AND PUBLIC HEARING 7a WITHDRAWN BY APPLICANT Request for a variance to the provisions of Section 5.7.E, Tree Preservation and Canopy Cover of the Land Development Code, specifically, the minimum preservation of protected tree canopy requirements on Lot 1, Miles Addition, located at 6480 Pool Road, Case VC21-002 7b Resolution R-21-4620 Consideration of a Preliminary/Final Plat for Lots 1-12 & Lots A&B, Block 1, Eastpointe Terrace, being Lot 1, Miles Addition, located at 6480 Pool Road, Case PC21-004 7c Resolution R-21-4621 A resolution terminating Resolution R-20-4487 and the Declaration of Disaster declared for the City of Colleyville 7d Resolution R-21-4622 Consideration of making an appointment to the Planning and Zoning Commission to fill an unexpired term 8.TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 8b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 City Council Agenda June 1, 2021 City of Colleyville Page 4 9.CITIZEN COMMENTS 10.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 1, 2021 - READING AND PUBLIC HEARING - RESOLUTION R- 21-4623 11.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 28, 2021 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 1, 2021 Due to technical challenges, the City Council Worksession and Regular Meeting of the City Council was moved to the second floor of the library. Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, June 1, 2021, at 5:36 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, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, City Attorney Whitt Wyatt, and City Secretary Christine Loven. Mayor Newton welcomed everyone and explained there had been a power outage earlier in the week which compromised the technology in the Executive Conference Room and Council Chambers, therefore the meeting was being conducted at the Library. WS-1 Update on the preliminary design for the trail connecting the Nature Center to Sparger Park Public Works Director Ray Silva-Reyes stated this item would address the Nature Center Trail, which is planned to be a 12' concrete trail to connect the Nature Center to Sparger Park. Director Silva-Reyes broke the project down into phases, presented maps, and financial analysis of trail design/alignment, alternate options, and neighborhood/topographical considerations. Throughout the presentation, City Council discussed the advantages, challenges, and options for each phase. Following discussion, City Council directed staff to move forward with Phase I design, incorporating the green trail bypass. Additional planning for Phase II will come before City Council at a future date. WS-2 Budget Process Overview Finance Director Kyle Lester reviewed the budget process with City Council. He provided a background of each of the major funds, and how the funds can be used. Director Lester noted the budget looks for and serves as a financial plan while the Annual Report, which is an audit, looks backward and follows the General City Council Minutes June 1, 2021 City of Colleyville Page 2 Accepted Accounting Principles, and records actual revenues to expenditures. Director Lester noted a high level glance of City Council’s actions include formally adopting the budget (expenditures) as a total for each operating fund, amending the budget if needed, setting the tax rate and all other City fees and charges, adopting a 5-year CIP, and approval of all purchases and contracts over $50,000. Director Lester reviewed the process and budgeting for vehicle, technology, police, fire, and building system replacement. He then went on to provide a historical review of the tax rate and its components. Director Lester defined the No-New- Revenue Rate (previously the Effective Rate) as the rate that would produce the same amount of taxes if applied to the same properties taxed in both years, without new construction. He also provided a tax rate comparison for cities surrounding Colleyville, DFW cities, cities with a population of over 10,000 and 20,000, and an overall of all Texas cities. He stated that Colleyville’s tax rate is lower than 96% of all Texas cities over 20,000 populations. Director Lester concluded his presentation noting the City is on track to establish the no-new-revenue tax rate within the FY22 budget. Mayor Newton reiterated the no-new-revenue tax rate is the rate that would produce the same amount of taxes if applied to the same properties taxed in both years, without including new construction. Mayor Pro Tem Lindamood suggested planning to increase the number of days the City could operate when calculating the debt ratio threshold. WS-3 Discussion of the June 1, 2021, City Council regular agenda items Mayor Newton stated agenda items 6a, 8a, and 8b will remain tabled and item 7a has been withdrawn. Mayor Newton adjourned the Worksession at 6:36 p.m. and called the Executive Session to order, noting Executive Session will be convened in the Executive Conference Room, and City Council will return to the Library for the regular meeting. 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 June 1, 2021 City of Colleyville Page 3 Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain case for Parcel 150, and 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL 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 Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager 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 There was no action taken and Mayor Newton adjourned the Executive Session at 7:21 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:36 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. Mayor Newton welcomed everyone and explained there had been a power outage earlier in the week which compromised the technology in the Executive Conference Room and Council Chambers, therefore the meeting was being conducted at the Library. INVOCATION: 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-21-4618 This resolution was not needed. City Council Minutes June 1, 2021 City of Colleyville Page 4 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton presented the following legislative information: Legislative Update – The Texas Legislative meets every other year to pass new legislation. This year it met in regular session from January 12th through May 31st. I want to update you on some bills that are important to our City and that I have mentioned in previous council meetings. a. HB4447 would have prohibited cities from requiring “planning documents” such as a drainage studies and traffic impact analysis prior to a plan or plat being approved by the City Council. This would have negatively impacted Colleyville and the quality to which we require developments to be built. Fortunately, this bill failed to pass. b. SB7 would make changes to voting rules in Texas with the intention of strengthening voter integrity – especially mail in ballots (i.e. who is casting the vote). The bill went back and forth between the Senate and the House. The Senate ultimately approved the bill without amendments and was expected to be approved by the House. Unfortunately, at the last minute before the session ran out and before a vote was called, the Democrats in the House left the meeting removing the quorum and denying the bill a vote. In my view, this bill is critical to maintaining valid election processes which is the underpinning of our very democracy. In my opinion, the papers and major news media have portrayed this bill as restricting voting access which is blatantly untrue. I believe the governor is considering calling a special session that would allow the legislature to reconsider the bill. I urge you to call the governor’s office and request a special session for this bill. c. Last City Council meeting I reported on SB 2202 that would have banned critical race theory from social studies curriculum in public schools. This bill did not get out of the legislative process, but HB 3979 was passed by both the Senate and the House and went to the governor for signature. HB 3979 would limit the teaching of critical race theory in public schools and include the founding documents of the United States of America and items such as the Federalists papers in the curriculums. This bill is not perfect but goes in the right direction. Southlake has demonstrated that all parents should be concerned about this no matter what school system they are in. “Critical race theory” the “cancel culture” and the “1619 Project” are very divisive in their very foundations and go counter to our Constitution, the Bill of Rights and the teachings of Martin Luther King, which are all blind to the color of one’s skin. Critical race theory is based on the assumption of systemic racism as its very City Council Minutes June 1, 2021 City of Colleyville Page 5 foundation. In my opinion, schools should be about teaching the basics of education, math, science, reading, writing, and art, not subjecting our students to social/political agendas of the day that parents may not agree with. I am sure there will be much public discussion of this topic in the future. Mayor Newton and the City Council made the following announcements: Trail Funds - Last week we were informed that Commissioner Fickes is working on providing Colleyville with $500,000 for a bike trail project in our city. Tentatively, the proposed bike/pedestrian trail along Bransford Road is slated for this funding. I would like to take a moment to thank Commissioner Fickes for this effort and his ongoing leadership in the area of transportation. His leadership has saved our taxpayers millions of dollars on road project reconstruction while tirelessly working to secure funding for new transportation initiatives. We are blessed to have him represent our City. Colleyville FD Responds to Assist Flooded Communities in South Texas – Recently, the Fire Department was notified by the Texas Emergency Medical Task Force of the need for emergency resources to be staged in preparation for potential flooding conditions in southern Texas. Within the hour, Engineer Brian Wallace and Firefighter William Hutton were activated to deploy an ambulance. They responded to staging in College Station, and later assigned to the coastal city of Orange, near the Louisiana border. We are proud of our Fire Department and applaud their efforts to assist those in need throughout our City and beyond. The Emergency Medical Task Force is a state cooperative lead by the Texas Department of State Health Services to compliment local resources in times of disaster. Colleyville Business Center Event – The Colleyville Business Center will host a Lunch-and-Learn with marketing pro Tracy Southers Parker. The event will take place on June 8 from 11:00 am to 1:00 pm. The event will provide business owners with insight on marketing to reach new customers and deliver products and services. The event is free but requires registration. For more information contact the CBC staff at 817-503-1350. Election Day Run-off is Saturday June 5 – A run-off election will be held June 5 for those contests yet to be decided. Voting will be conducted at Colleyville City Hall, second floor training room 7 a.m. - 7 p.m. Blues Brothers Tribute Coming to Plaza – The Texas Bluesmen will be coming to the Plaza on Friday, June 11 at 6:30 p.m. They are the #1 requested Blues Brothers Tribute band in Texas and put on a concert you won't soon forget! They will also be bringing their Bluesmobile, so make sure you get a photo after the show! As with all City events, this concert is free of charge. Gourmet popsicles will be provided to attendees. For more information, go to Colleyville.com/events. City Council Minutes June 1, 2021 City of Colleyville Page 6 Stars & Guitars Scheduled for June 25 – Country music legend Jo Dee Messina will be our featured artist at our annual Stars & Guitars event. This year’s concert will take place at City Park on Friday, June 25. Gates open at 6:30 p.m. The show will conclude with a spectacular fireworks display. Tables will be available for purchase at $30 each. They will go on sale Friday, June 4. Contact Ronni Orr at 817-503-1113 for reservations. Large lawn area will be available for those wishing to set up a blanket, chairs, and enjoy some family time. The event is free of charge and does not require a ticket. Colleyville Exceptionalism Captured – You may hear me mention “Colleyville’s exceptionalism” when I discuss our City. I love this City and the wonderful residents who call her home. Too often this description of Colleyville fails to capture the blessed nature of who we are and what “exceptionalism” is about. A little over a week ago, I received a letter that tells the story of exceptionalism in the personal experience of one of our residents. I would like to share that letter with you now. Dear Mayor Newton: I am writing to thank the leadership of Colleyville for the professional services and caring respect that we have received from so many members of your team. During the February snowstorm, we lost power for over 50 hours. We are in our seventies, and my husband is handicapped. I could not find a hotel room and did not have family who could help. We went to the warming station at the library to charge our electronic devices. Later that day, we decided to pack our blankets and spend the night at the warming station. We stayed two nights. While we were there, everyone made us feel welcome and cared for. I think library employees pitched in to staff the station. I especially remember the library employees who helping me find a resting place for my husband in the puppet room. Local vendors provided hot food. There was always coffee and water and snacks. The folks that maintained the food area and coordinated with the vendors were outstanding in their kindness and attention to detail. I do not know whether they were library staff or volunteers from the community. Restrooms were maintained. Other staff members and officers checked on everyone through the night. This was an amazing, lifesaving experience for my husband and me. I believe we would have died from hypothermia if we had attempted to stay another night in our home. Please express our admiration and appreciation to those who planned, managed, and staffed the Colleyville Library warming station. We have also had very professional, helpful interactions with folks in the utilities billing and engineering departments. A few Sundays ago, we attended our first City Council Minutes June 1, 2021 City of Colleyville Page 7 concert on the Plaza. It was a wonderful free event for families and for older residents like us. The music was great. There was complimentary ice cream. A smiling, friendly person passed out Colleyville t-shirts (which we will definitely wear). Whenever we vote at City Hall, everything is well signed; there is handicap parking; and, staff understands my husband’s need for assistance. I hope this letter conveys our thanks to you and your team. We moved to Colleyville about three years ago after living in St. Louis for 35 years. We are so glad that we chose Colleyville for our new city! Sincerely, Mary Fulcher Morgan This letter captured the essence of “exceptionalism” in a way that is sure to warm your heart. It fills me with pride to share this community with so many who work for the betterment others. We are truly blessed! Presentation of a donation to the Colleyville Public Library for the 2021 Summer Reading Program from the Robert J. & Helen H. Glaser Family Foundation in the amount of $10,000 - by the Colleyville Public Library Foundation, Denise Light, President Presentation in recognition of the Robert J. & Helen H. Glaser Family Foundation – Mayor Richard Newton and Library Director Mary Rodne Mayor Newton was joined by Colleyville Public Library Foundation President Denise Light, member Pat Jones, and Library Director Mary Rodne to receive a $10,000 grant for the Library Summer Reading Program from the Robert J. & Helen H. Glaser Family Foundation. Robert and Christine Glaser, representing the Foundation, presented the check. Library Director Mary Rodne reviewed the summer reading programs which were made available by the generosity of the Glaser’s. Director Rodne and Mayor Newton presented Robert and Christine Glaser with an award in recognition of their contributions to the library. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4619 4a Approval of the minutes of the regular City Council meeting of May 18, 2021 Mayor Newton read Resolution R-21-4619 in its entirety. There was no discussion. City Council Minutes June 1, 2021 City of Colleyville Page 8 Mayor Newton opened and closed the public hearing at 8:02 p.m. as there was no one wishing to speak. Councilmember Kelley made a motion to approve Resolution R-21-4619, seconded by Mayor Pro Tem Lindamood. The motion to approve passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-21-2163 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial zoning district to RE Single Family "Estate" Residential zoning district on Lot 1A & 2A, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case ZC21-010 Mayor Newton read the caption of Ordinance O-21-2163. Community Development Director Ben Bryner presented this item noting this is a request to rezone from the PUD-C Planned Unit Development - Commercial district to the RE Single-Family ‘Estate’ Residential district for one new single-family home. He noted this property is located in The Villages and the current size of the property does comply with all the minimum standards of the RE zoning district. Mayor Newton stated this is a proposal for residential in the middle of commercial zoned property, however, the zoning is in The Villages, and there would be a possibility of the property containing condominiums. There was general discussion regarding commercial properties within The Villages, the location of the front of the home, and an easement for a walkway. Mayor Newton asked the applicant to come forward. Tammy Spicer, 90 Casa Lane, answered questions of the City Council which included stating the property is under contract and she will purchase the property if she is approved for the zoning. Ms. Spicer stated it would be her intention to keep the trees, add a fence on two sides, maybe a swimming pool, and guest house at a later date. Ms. Spicer stated she believes the single family home would add more value to the area and City than 15 small condos and she is willing to work with the City. Mayor Newton opened the public hearing at 8:14 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in favor of this item. City Council Minutes June 1, 2021 City of Colleyville Page 9 There were no others wishing to speak and Mayor Newton closed the public hearing at 8:15 p.m. This was a first reading therefore, Council did not take action. 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a Ordinance O-21-2159 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial zoning district to PUD-C Planned Unit Development-Commercial zoning district on Tract 2C03, Abstract 206, BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC21- 003 This ordinance remained tabled. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a WITHDRAWN BY APPLICANT - Request for a variance to the provisions of Section 5.7.E, Tree Preservation and Canopy Cover of the Land Development Code, specifically, the minimum preservation of protected tree canopy requirements on Lot 1, Miles Addition, located at 6480 Pool Road, Case VC21-002 As noted, this item was withdrawn by the applicant therefore; this item did not require discussion or action. 7b Resolution R-21-4620 Consideration of a Preliminary/Final Plat for Lots 1-12 & Lots A&B, Block 1, Eastpointe Terrace, being Lot 1, Miles Addition, located at 6480 Pool Road, Case PC21-004 Mayor Newton read Resolution R-21-4620 in its entirety. Community Development Director Ben Bryner presented this item advising it is a request for a Preliminary/Final Plat which subdivides the property into 12 single- family residential lots and two open space lots. Director Bryner reviewed the history of the property which included a sidewalk waiver in 2018 and a drainage plan which conforms to City of Colleyville Drainage Code. Director Bryner noted the applicant revised the tree plan to comply with the requirement of preserving a 50-percent canopy. There was discussion regarding the expiration of the 2018 sidewalk waiver, drainage, tree canopy, and trees which should be planted at the request of neighbors and the suggestion of the City Manager. City Council Minutes June 1, 2021 City of Colleyville Page 10 Mayor Newton asked the applicant to come forward to answer questions. Mayor Newton stated he was aware there were residents who will be speaking on this item. He stated everyone will be allowed to speak and each issue will be addressed and in the end there will be a result which is good for everyone. Mayor Newton stated the property was zoned in 2015 by authorization of the City Council at that time and we are now at platting, which means this City Council has no authority to cause the applicant to do anything which is not in the Land Development Code. Samantha Renz, Civil Engineer, 420 Throckmorton, Fort Worth, representing the applicant, answered questions of the City Council which included discussion of the tree waiver and what adjustments were made to the plan to bring the canopy into compliance, how the critical root zone was calculated, a review of the drainage plan, detention pond, plan to retain silt, water flow, and screening. Mayor Newton opened the public hearing at 8:47 p.m. Lana Shelton and Keith Shelton, 6504 Glenhope Circle S spoke in opposition to the project with concerns for trees, wildlife, land use, drainage, and aesthetics. Sue Reed, 2512 Independence Road, spoke in opposition with concern for home values, double frontage lots, safety, lifestyle, maintenance, fencing, street width, and trees. Tony Horton, 2612 Independence Road, spoke in opposition with concerns for right of way, street width, the number of homes, fencing, and trees. Mary and Richard Ruocchio, 2516 Independence Road, spoke in opposition with concerns for density, design, landscaping, noise, lights, location to the street, fencing, and lack of design elements. Mike Milliken, 6401 Regiment Place, spoke in opposition with concerns for density and double loaded lots. David Toney, spoke in opposition to the project as constructed, with concerns for drainage and home values. Wishing not to speak, but registering opposition to this item: Joseph and Carol Sanders, 2508 Flintlock Court; Brian Matlock, 2508 Independence Court, David and Kamariah Reed, 2613 Independence Road. Mayor Newton closed the public hearing at 9:41 p.m. as there were no others wishing to speak. Mayor Newton asked Ms. Renz why the road was not placed in the middle of the street. Ms. Renz stated drainage would then have to go under the road. Mayor Pro City Council Minutes June 1, 2021 City of Colleyville Page 11 Tem Lindamood asked how the water would get over the curb. Ms. Lenz stated if, during our review, it is found additional inlets are needed, we can add them. Mayor Newton declared a recess at 9:50 p.m. and reconvened at 10:00 p.m. There was further discussion with Ms. Renz regarding landscaping, drainage, entrance design, fencing, and parking. Mayor Newton recessed the meeting to convene in Executive Session at 10:12 p.m. Mayor Newton closed the Executive Session at 11:01 p.m. and reconvened the meeting at 11:04 p.m. Mayor Newton asked Ms. Renz if she could agree to the following conditions to be included in the Resolution: 1. applicant shall install a minimum of 38 Arizona cypress trees with a minimum height of 8 feet at the time of installation. The foregoing trees shall provide adequate canopy to serve as a landscape buffer along the southern side of the paved area of Eastpointe Court between the southern curb and the southern property line (with particular concentration along the curvature of the entrance to the subdivision across from Lot 11 and the detention pond); 2. applicant shall submit a full landscape plan for the entrance way and common areas, including the detention pond and surrounding area; 3. applicant shall install a double sided (finished) fence a minimum 8 feet in height, constructed of cedar wood material and located along the entire south, west, and north property lines, subject to the required 30 foot setback from the edge of the right-of-way for Pool Road; 4. applicant shall install shutters on all street lights sufficient to prevent glare onto all property adjacent to the subdivision; 5. applicant shall cause the completion of construction of the northbound left turn lane and median along Pool Road; 6. the street pavement shall be located in the center of the right-of-way; 7. final engineering approval shall be subject to correcting and addressing any off-site drainage tributary to the subdivision and providing corrective collection of all such storm water and conveyance to detention within the subdivision; and 8. the foregoing conditions shall be subject to review and approval by City staff, which shall be required prior to the final plat being filed in the real property records for Tarrant County, Texas. There was discussion of the number and size of the cypress trees. Ms. Renz agreed to the conditions as read. Mayor Newton made a motion to approve Resolution R-21-4620 with the above conditions written into the Resolution, seconded by Councilmember Dodson. City Council Minutes June 1, 2021 City of Colleyville Page 12 The motion to approve Resolution R-21-4620 as amended passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7c Resolution R-21-4621 A resolution terminating Resolution R-20-4487 and the Declaration of Disaster declared for the City of Colleyville Mayor Newton read Resolution R-21-4621 in its entirety. Mayor Newton stated the City Council, citizens, and City staff has done a fantastic job throughout this pandemic. The Council thanked Mayor Newton for all of his work. Mayor Newton opened and closed the public hearing at 11:34 p.m. as there was no one present wishing to speak. Councilmember Kelley made a motion to approve Resolution R-21-4621, seconded by Councilmember Nakamura. The motion to approve passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7d Resolution R-21-4622 Consideration of making an appointment to the Planning and Zoning Commission to fill an unexpired term Mayor Newton read Resolution R-21-4622 in its entirety appointing Tim Raines to the Planning and Zoning Commission. There was no discussion. Mayor Newton opened and closed the public hearing at 11:37 p.m. as there was no one present wishing to speak. Councilmember Rigney made a motion to approve Resolution R-21-4622, seconded by Councilmember Wheat. City Council Minutes June 1, 2021 City of Colleyville Page 13 The motion to approve passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING These resolutions remained tabled. 8a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 8b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 9. CITIZEN COMMENTS There was no one present wishing to speak. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 1, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21- 4623 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 11:38 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH DAY OF JUNE 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary