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HomeMy WebLinkAboutCity Council-Minutes-07/06/2021 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, July 6, 2021 WORKSESSION - 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Discussion of updates to City fees/charges WS-2 Fleet replacement plan for FY2022 WS-3 Presentation of the draft 5-Year CIP WS-4 Discussion of Roberts Road WS-5 Discussion of the July 6, 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: 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 Regional Municipal Court Judge 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 CHAMBERS City Council Agenda July 6, 2021 City of Colleyville Page 2 INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr 2.EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4628 3.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Distinguished Budget Presentation Award - Mayor Richard Newton and Finance Director Kyle Lester 4.CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4629 4a Approval of the minutes of the regular City Council meeting of June 15, 2021 4b 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 4c Approval to amend the FY21 Contractual Agreement between the City of Colleyville and the Colleyville Chamber of Commerce to provide for additional event sponsorships and IT support services 5.WITHDRAWN CASES 5a Consideration of a zoning change from AG Agricultural zoning district to R-40 Single Family Residential zoning district on a portion of Tracts 2D & 2D3, Abstract 233, D R Blanton Survey, located at 5209 Bluebonnet Drive, Case ZC21-012 5b Consideration of a Special Use Permit (SUP) for an Accessory Dwelling larger than permitted on Tract 2D & 2D3, Abstract 233, D R Blanton Survey, located at 5209 Bluebonnet Drive, Case ZC21-014 5c Consideration of a zoning change from R-20 Single Family Residential district and R-30 Single Family Residential district to AG Agricultural district for Lot 1, Block 1, Dotti Addition, located at 1310 Tinker Road, Case ZC21-016 City Council Agenda July 6, 2021 City of Colleyville Page 3 5d Consideration of a Replat for Lot 1R and Lot 3, Block 1, Dotti Addition, being Lot 1, Block 1, Dotti Addition, located at 1310 Tinker Road, Case PC21-011 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-21-2164 Consideration of a zoning change from AG Agricultural district to R-40 Single Family Residential district for Tract 1L, Abstract 1619, S. C. H. Witten Survey, located at 2005 Hall-Johnson Road, Case ZC21-015 6b Ordinance O-21-2165 Request to appeal the decision of the Planning and Zoning Commission regarding the consideration of a zoning change from the R--20 Single Family Residential district and R-40 Single Family Residential district to the RE Single Family 'Estate' Residential district for Lot 3, Block 3, Highland Acres Addition, located at 401 Timberline Drive South, Case ZC21-013 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a Ordinance O-21-2159 WITHDRAWN BY APPLICANT JUNE 28, 2021 - 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 7b 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 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 City Council Agenda July 6, 2021 City of Colleyville Page 4 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 8c Resolution R-21-4626 Consideration of a Replat for Lot 1R, Block 1, Village Court, being Lot A1 & A2, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case PC21-008 9. CITIZEN COMMENTS 10. REPORTS Library Board Minutes - April 12, 2021 Planning and Zoning Commission Worksession Minutes - April 26, 2021 Planning and Zoning Commission Minutes - May 10, 2021 Planning and Zoning Commission Worksession Minutes - May 24, 2021 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JULY 6, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21- 4630 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 2, 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, July 6, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, July 6, 2021, at 5:39 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 Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Human Resources Director Jesse Perez, City Attorney Nicole Corr, and City Secretary Christine Loven. Mayor Newton opened the Worksession, called the role, and noted Nicole Corr was serving as the City Attorney for this meeting. Worksession item WS-1 had just begun when Mayor Newton was advised the audio on the recording was not working and he recessed until 5:49 p.m. at which time the meeting was resumed at WS-1. WS-1 Discussion of updates to City fees/charges Finance Director Kyle Lester presented this item, which recommended increasing rental fees at the Colleyville Business Center, adding a building board of appeals fee, and establishing fees for pickleball court rental. There was brief discussion regarding rentals at the business center and anticipated completion of the pickleball courts. WS-2 Fleet replacement plan for FY2022 Amanda Leggett, Enterprise Fleet Management, provided an overview of the fleet program, the City’s FY2021 history, and the anticipated FY22 fleet replacements. Ms. Leggett reviewed the net equity, average annual savings, and capitalized costs. Council directed staff to bring forth a resolution for the FY22 plan at the next City Council meeting. WS-3 Presentation of the draft 5-Year CIP Public Works Director Ray Silva-Reyes presented this item, noting this was the draft CIP for FY22. He reviewed the purpose and benefits of the CIP, noting the City Council Minutes July 6, 2021 City of Colleyville Page 2 CIP is a short-range rolling plan, which identifies capital projects, provides a planning schedule, and provides the link between the Council’s strategic plans and the City’s budget. Director Silva-Reyes stated City Council provides the final approval or projects, however, several criteria are considered when planning the CIP: condition of asset (PCI for streets), risk management, long term vision (Master Thoroughfare Plan), available funding sources, use and classification of the asset, and the benefit of the project. He went on to provide department highlights of the FY21 CIP and the proposed FY22 projects. There was general discussion regarding several street’s PCI, impact fees, and drainage projects for FY22-26, and how the CIP is funded. WS-4 Discussion of Roberts Road Public Works Director Ray Silva-Reyes presented this item. He reviewed the current scope of the Roberts Road project, which is a minor collector road. The scope includes full reconstruction and minimal widening from Glade Road, north to the Colleyville City limits. Installation of curb and gutter along the entire east portion of the roadway, and some areas along the west portion, which provides for the entire roadway to have curb and gutter, installing two right turn lanes on Roberts Road (southbound) and Glade Road (westbound), new storm drain lines, water and wastewater lines replacement/upgrade, and an emergency water interconnect meter and vault. Director Silva-Reyes noted the Council had recently changed the Tinker Road strategy to a maintenance strategy and there were opportunities to consider this for Roberts Road as well. If the strategy should be maintenance, Director Silva-Reyes noted the project could be changed to reflect mill and overlay the entire asphalt length of Roberts Road with base repairs where needed, no new curbs, no right turn lanes, and stub the 10-inch water line for the future emergency interconnect between Grapevine and Colleyville. There was discussion regarding the condition of the road, speed and traffic, the Master Thoroughfare Plan, the turn lanes, and cost savings. Council directed staff to conduct traffic studies on Roberts Road to assist in verifying the correct designation of the road on the Master Thoroughfare Plan, and evaluate the costs for including the right turn lanes, and bring the information forward for City Council consideration at a future worksession. WS-5 Discussion of the July 6, 2021, City Council regular agenda items Mayor Newton stated Items 5a, 5b, 5c, and 5d, are all projects which have been withdrawn, but are listed on the agenda so the public is aware of the withdrawal. He also noted 7a, which is the 151 Coffee project has been withdrawn by the applicant, and 7b and 8a regarding the zoning and replat at 5217 and 5201 Pleasant Run will remain tabled as the applicant has delayed closing and will be bringing forward additional information. City Council Minutes July 6, 2021 City of Colleyville Page 3 Mayor Newton adjourned the Worksession at 6:33 p.m. and called the Executive Session to order. 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 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 Regional Municipal Court Judge 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 7:22 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:39 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 City Attorney Nicole Corr. INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr City Council Minutes July 6, 2021 City of Colleyville Page 4 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4628 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton stated the City Manager had established a Drainage Committee, comprised of staff, which tracked, resolved, and documented every drainage complaint. The agendas used to have 30 and 40 complaints on them and today, there were only four items on the agenda. Mayor Newton thanked the City Manager and staff for all of their work. Mayor and the City Council made the following announcements: County Closes Vaccination Center – Last week the Hurst vaccination center closed. During the brief operation period, the center provided 188,186 vaccination doses to Tarrant County residents. This effort was only made possible by the volunteer efforts of so many, including members of our Colleyville staff. With vaccination now available across the region, the center was able to close having served its purpose. We are thankful for all who worked so hard to make this rapid response effort a success. However, it is appropriate we thank the following individuals specifically for going above and beyond in this effort: Hurst Fire Department: Fire Chief David Palla Battalion Chief Matt Easter Engineer Steve Wheelock Battalion Chief Wes Rippy Colleyville Fire Department: Captain Kenny Phillips Battalion Chief Tim Folden All Colleyville FF’s participated Commissioner Fickes Provides Funds for Cheek-Sparger Project – This week, Tarrant County Precinct 3 Commissioner Gary Fickes announced the awarding of $500,000 to the City of Colleyville to assist in the funding of improvements underway on Cheek-Sparger. Commissioner Fickes has long been an ardent supporter of transportation initiatives in our City and we are thankful for City Council Minutes July 6, 2021 City of Colleyville Page 5 this funding. The $4.1 million Cheek-Sparger reconstruction and realignment project is currently underway between Brown Trail and San Bar. When complete, this enhancement will improve roadway safety and drainage along the roadway. Stars & Guitars a Glowing Success – Our recent Stars & Guitars event was a huge success. Families enjoyed activities for the kids, a great concert featuring Joe Dee Messina and a spectacular fireworks display. Thank you to all who came out to celebrate our great nation, and thank you to all who volunteered to make this event possible. I would like to give a special shout out to Ronni Orr who worked tirelessly to ensure the success of this event. Mayor Newton Hosts Representative Capriglione for Town Hall – This week Mayor Newton welcomed Representative Capriglione for a Town Hall meeting in the City Council Chambers. The purpose of the meeting was to allow citizens to hear a legislative update and ask questions of our State Representative. Summer Reading Program. . . Still Time to Sign Up! – If you have not signed up for the Summer Reading Program at the Colleyville Public Library yet, no need to worry – there is still time to ‘Glow Crazy with Reading!’ The Library’s annual reading activity continues through July with an end of summer family outdoor event set for Friday, July 23rd. The reading program is open to all Library cardholders from children, teens, and adults. Currently, over 1,000 children, teens and adults have registered. Registration can be found on the Library website and participants can track the number of books or the number of minutes they read. All materials must be checked out from the Colleyville Public Library and books must be kept at least one night. More details on all the summer programs may be found on the Library’s website, www.colleyvillelibrary.com or by calling 817-503- 1150. Thank You Summer Reading Sponsors! – Many of our local Colleyville businesses have been extremely generous with prize donations for this year’s Library Summer Reading Program, ‘Glow Crazy with Reading,’ and the Colleyville Public Library is most thankful for their sponsorship this year. The Summer Reading Program would not be as successful if it were not for the support of our community and community businesses. Please be sure to stop by and thank them with your patronage. Some of the area businesses with the Library sponsorship signs include: *Menchie’s Frozen Yogurt *Sonic *Costa Vida Fresh Mexican Grill *Black Walnut Café *McAlister’s Deli *Red Barn BBQ *Buttermilk Sky Pie *Colleyville ATA Martial Arts *Honey Teriyaki *Jersey Mike’s Subs *Chick-Fil-A City Council Minutes July 6, 2021 City of Colleyville Page 6 Jugglers Coming To Plaza – If you are looking for something to do Thursday night (7/8) join us on the City Plaza as the Library hosts the Slick Jugglers Show. The event will begin at 6:30 p.m. and features David Slick, a Guinness World Record juggler who will amaze those in attendance with a variety of juggling tricks and skills. The event is free and does not require registration. For more information, contact the Library at 817-503-1150. Presentation of the Distinguished Budget Presentation Award - Mayor Richard Newton and Finance Director Kyle Lester Mayor Newton thanked Finance Director Kyle Lester, his staff, and the City Manager for earning the Distinguished Budget Presentation Award 27th consecutive year. Mayor Newton said the award represents a significant achievement and reflects the commitment of staff to meeting the highest principles of governmental budgeting. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4629 4a Approval of the minutes of the regular City Council meeting of June 15, 2021 4b 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 4c Approval to amend the FY21 Contractual Agreement between the City of Colleyville and the Colleyville Chamber of Commerce to provide for additional event sponsorships and IT support services Councilmember Nakamura recused herself from this item. Mayor Newton read Resolution R-21-4629 in its entirety. Human Resources Director Jesse Perez presented item 4b, explaining the bid process, plan comparisons, and negotiation. Director Perez stated approval of the resolution will provide for a renewal with BCBSTX for the 2021/2022 plan year with a -0.3% decrease to rates with no plan design changes. Through negotiating, BCBSTX agreed to provide the City a $79,849 administrative credit which reduced their best and final offer to -0.3%. Mayor Newton noted the renewal numbers are great and thanked staff for their work. Mayor Newton presented item 4c, noting the Colleyville Chamber operates from the Colleyville Business Center, which is rented by the City and supported by City City Council Minutes July 6, 2021 City of Colleyville Page 7 services. The Chamber has had difficulty in obtaining IT services, the proposed amendment to the agreement would allow the City to provide surplus laptop computers, and full IT services to the Chamber at a cost of $7,900. In turn, the Chamber will provide to the City six annual Chamber event sponsorships. There was discussion of the Chamber’s growing membership and event participation, the benefits of the Chamber-City relationship, and what the City would pay to the Chamber for events and sponsorships outside of the Agreement. Mayor Newton opened and closed the public hearing at 8:12 p.m. as there was no one present wishing to speak. Mayor Pro Tem Lindamood made a motion to approve Resolution R-21- 4629, amending 4c to increase the City provided service to $8,000 annually, prorated for the current fiscal year, seconded by Councilmember Kelley. The motion to approve passed by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Wheat, Dodson, Kelley, and Rigney. Abstain: 1 – Councilmember Nakamura. 5. WITHDRAWN CASES Mayor Newton stated each of the following cases have been withdrawn and are listed to this agenda so the public will be aware of the withdrawals. There is no City Council action required. 5a Consideration of a zoning change from AG Agricultural zoning district to R-40 Single Family Residential zoning district on a portion of Tracts 2D & 2D3, Abstract 233, D R Blanton Survey, located at 5209 Bluebonnet Drive, Case ZC21-012 5b Consideration of a Special Use Permit (SUP) for an Accessory Dwelling larger than permitted on Tract 2D & 2D3, Abstract 233, D R Blanton Survey, located at 5209 Bluebonnet Drive, Case ZC21-014 5c Consideration of a zoning change from R-20 Single Family Residential district and R-30 Single Family Residential district to AG Agricultural district for Lot 1, Block 1, Dotti Addition, located at 1310 Tinker Road, Case ZC21-016 City Council Minutes July 6, 2021 City of Colleyville Page 8 5d Consideration of a Replat for Lot 1R and Lot 3, Block 1, Dotti Addition, being Lot 1, Block 1, Dotti Addition, located at 1310 Tinker Road, Case PC21-011 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-21-2164 Consideration of a zoning change from AG Agricultural district to R-40 Single Family Residential district for Tract 1L, Abstract 1619, S. C. H. Witten Survey, located at 2005 Hall-Johnson Road, Case ZC21-015 Mayor Newton read the caption of Ordinance O-21-2164. Community Development Director Ben Bryner presented this item which is a request to rezone from the AG Agricultural district to the R-40 Single Family Residential district for one new single-family home, with no new lots proposed. Mayor Newton stated adjacent lots to this one have been rezoned from AG to R-40 where older homes have been purchased and owners wish to build new homes, so this request is compatible with the surrounding area and the City’s vision. Councilmember Dodson asked if there were any known drainage issues. Director Bryner stated the drainage specifics would not be known until the permit is issued for the size of the home. Councilmember Dodson asked Director Bryner what happens if there is a problem identified at that time. Director Bryner responded the City Engineer is required to review and sign off on the plans before a permit can be issued, and if there is a problem, it will have to be addressed prior to the permit being issued. Councilmember Nakamura asked who sought the zoning change, was it a break from another lot. Director Bryner replied this lot was part of another at some time in the distant past. In responding to Councilmember Dodson’s question, Mayor Pro Tem Lindamood stated he believes the water runoff flow goes to Hall-Johnson Road and should be fine. Mayor Newton requested contours of the property be provided at the next meeting to assist in answering Councilmember Dodson’s questions. Mayor Newton opened and closed the public hearing at 8:23 p.m. as there were no speakers. This was a first reading therefore; City Council did not take any action. 6b Ordinance O-21-2165 Request to appeal the decision of the Planning and Zoning Commission regarding the consideration of a zoning change from the R-20 Single City Council Minutes July 6, 2021 City of Colleyville Page 9 Family Residential district and R-40 Single Family Residential district to the RE Single Family 'Estate' Residential district for Lot 3, Block 3, Highland Acres Addition, located at 401 Timberline Drive South, Case ZC21-013 Mayor Newton read the caption of Ordinance O-21-2165. Community Development Director Ben Bryner presented this item which seeks to appeal the Planning and Zoning Commission’s denial to rezone from the R-20 Single Family Residential district and R-40 Single Family Residential district to the RE Single Family 'Estate' Residential district. Director Bryner noted property does not comply with all the minimum standards of the RE Single Family ‘Estate’ Residential district zoning, and the applicant is seeking the rezoning to be able to allow for livestock. He also stated the applicant contends he has raised livestock on the property for many years. Director Bryner then reviewed the Land Development Code - Chapter 3- Section 3.9 RE Single Family ‘Estate’ Residential District, E. Permitted Accessory Uses; 12. Private stables for the keeping of grazing animals, which would allow the keeping of only two or three animals if the RE zoning was approved. Director Bryner stated a super-majority vote would be required. Mayor Newton stated he is aware there has been a lot of discussion regarding this zoning because of the animals on the property. However, this case before us is a zoning request that requires a variance to be approved. The Mayor stated it is well known he is not in favor of variances unless there are clear and evident mitigating circumstances beyond the owners control. He asked if the applicants could come forward. Applicants Jerry and Gwen Tinkis, 401 Timberline Drive South, asked if the support/opposition map could be updated as there have been six additional residents who are offering their support. Mayor Newton stated the map will be updated before the next meeting. The Mayor reiterated that the case before the City Council is the zoning, which does not meet the Land Development Code. Mayor Newton asked the applicants to speak to the request and explain any mitigating circumstances beyond their control. Mr. Tinkis stated he was been a resident here for 50 years and has had livestock on the property for a number of years. He stated their goal is to continue the rural nature that is expressed in Colleyville’s Comprehensive Master Plan. He stated there had been no problems until recently and he understands the concern is the number of livestock and potential flies. Mr. Tinkis noted his son raised and has earned the number one showman award and number one longhorn award. Mrs. Tinkis stated the longhorns are donated for show and further the contributions to the Future Farmers of America (FFA). Mrs. Tinkis stated there is a contradiction between the City’s Land Development Code (LDC) and the Federal Government classification of livestock. She said they would really like City Council to approve City Council Minutes July 6, 2021 City of Colleyville Page 10 having three livestock animals on their property as is, but it would require a change to the Land Development Code or for the City Council to grant an SUP. She stated they are thinning the herd (some have been taken by volunteers and others are seeking alternate placement locations). Mayor Newton stated he is pro AG, and what their son has accomplished is admirable. He went on to say what the Council has to work with is in the Land Development Code and ordinances, and he is having a hard time coming up with a reason to approve a variance. Mrs. Tinkis stated the high show quality longhorns are valuable and she does not want to have to uproot their family to be able to continue. Councilmember Dodson and Mayor Pro Tem Lindamood expressed concern for the number of animals, both recognized the value of the animals, both as a teaching tool and monetarily. Mayor Pro Tem Lindamood encourages anyone who could assist with re-homing the animals would be appreciated. Councilmember Rigney asked how many animals are on the property right now and what do they weigh. Mr. and Mrs. Tinkis responded there are nine and three are babies. The heaviest weight of the longhorns is approximately 1,100 pounds. Mayor Newton opened the public hearing at 8:50 p.m. Dave Wallack, 305 Timberline Drive South, spoke in favor of this request and asked City Council to remember the length of time the Tinkis’ have been residents and having the number longhorn in the City should also be considered. Karen Wilson, Timberline Drive South, spoke in support and said she loves the longhorns, and while she appreciates the code regulations, she appreciates neighbors coming together. Leah Dubois, 309 Timberline Drive South spoke in opposition stating the longhorns have escaped at least three times and once almost trampled a child. She stated she feels there has been no enforcement and one home in a neighborhood should not be allowed to operate outside of the regulations everyone else abides by. John McCurdy, 400 Lloyd Circle, stated he did not have an issue with the longhorns, but would like to be contacted by the Drainage Committee. Jason Pape, 125 Timberline Drive South, spoke in favor and asked the City Council if it is possible to focus on changing the rule which allows horses, but no cattle, instead of zoning. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:01 p.m. City Council Minutes July 6, 2021 City of Colleyville Page 11 Mayor Newton thanked everyone for speaking and stated the City Council has heard everyone and understands. There will be no action until the next City Council meeting. Councilmember Rigney suggested tabling this as this item as Mayor Pro Tem Lindamood would not be at the next meeting and a super-majority vote is required. Mayor Newton stated he has always tried not to conduct a vote requiring super- majority if all members were not present. 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a Ordinance O-21-2159 WITHDRAWN BY APPLICANT JUNE 28, 2021 - 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 Mayor Newton noted this item has been withdrawn by the applicant. 7b 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 This item was not removed from the table and Mayor Newton stated the applicant is going to submit new information. 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING All of the following items 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 City Council Minutes July 6, 2021 City of Colleyville Page 12 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 8c Resolution R-21-4626 Consideration of a Replat for Lot 1R, Block 1, Village Court, being Lot A1 & A2, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case PC21-008 9. CITIZEN COMMENTS There were no speakers. 10. REPORTS Library Board Minutes - April 12, 2021 Planning and Zoning Commission Worksession Minutes - April 26, 2021 Planning and Zoning Commission Minutes - May 10, 2021 Planning and Zoning Commission Worksession Minutes - May 24, 2021 There was no action taken. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JULY 6, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21- 4630 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 9:05 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS ON THIS THE 20TH DAY OF JULY 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary