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Home My WebLink AboutCity Council-Minutes-5/9/2022 City of Colleyville Page 1 City of Colleyville City Council Special Meeting Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Monday, May 9, 2022 5:30 p.m. Council Chambers Third Floor, City Hall Notice is hereby given that the Colleyville City Council will conduct a Special Meeting on Monday, May 9, 2022 at Colleyville City Hall, 100 Main Street, Colleyville, Texas 76034. A quorum of the governing body will be physically present at the foregoing location; however, one or more members of the City Council may participate in the Special Meeting via videoconference in conformance with Chapter 551 of the Texas Government Code. 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 2. CALL TO ORDER AND ROLL CALL 3. RESOLUTION(S): READING AND PUBLIC HEARING 3a Resolution R-22-4726 Discuss and consider approval of a developer’s agreement between the City of Colleyville and Toll Dallas TX, LLC, in connection with the proposed development of the following property: Old Grove Addition, Phase II, being Lots 1 and 2, Block 1, Neidholt Addition, and Lot 2X, Block E, Old Grove Addition, located at 103 John McCain Road, 105 John McCain Road, and 7189 Cast Iron Forest Trail 3b Resolution R-22-4723 Consideration of abandonment of dedicated right-of-way as a part of a replat for Lots 1, 2, 3X, and 4X, Block E, Old Grove Addition, Phase II, being Lots 1 and 2, Block 1, Neidholt Addition, and Lot 2X, Block E, Old Grove Addition, located at 103 John McCain Road, 105 John McCain Road, and 7189 Cast Iron Forest Trail, Case GC22-006 3c Resolution R-22-4724 Consideration of a replat for Lots 1, 2, 3X, and 4X, Block E, Old Grove Addition, Phase II, being Lots 1 and 2, Block 1, Neidholt Addition, and Lot 2X, Block E, Old Grove Addition, located at 103 John McCain Road, 105 John McCain Road, and 7189 Cast Iron Forest Trail, Case PC22- 005 4. ADJOURNMENT City Council Special Agenda May 9, 2022 City of Colleyville Page 2 I hereby certify this agenda was posted on City Hall bulletin boards Thursday, May 5, 2022 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 Special Meeting Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 9, 2022 5:30 p.m. 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 The City Council did not meet in Executive Session. 2. CALL TO ORDER Mayor Richard Newton called the Colleyville City Council Special Meeting to order on Monday, May 9, 2022, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. Absent: Councilmember Tammy Nakamura. Also Present: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Community Development Director Ben Bryner, City Engineer Larry Wright, City Secretary Christine Loven, and City Attorney Nicole Corr. 3. RESOLUTION(S): READING AND PUBLIC HEARING 3a Resolution R-22-4726 Discuss and consider approval of a developer’s agreement between the City of Colleyville and Toll Dallas TX, LLC, in connection with the proposed development of the following property: Old Grove Addition, Phase II, being Lots 1 and 2, Block 1, Neidholt Addition, and Lot 2X, Block E, Old Grove Addition, located at 103 John McCain Road, 105 John McCain Road, and 7189 Cast Iron Forest Trail Mayor Newton Resolution R-22-4726 in its entirety. Mayor Newton stated the plats for this property were on the May 3, 2022 City Council Agenda without a City/Developer Agreement (CDA). Following discussion with the applicant and the City Council, action for the plats were tabled to a date certain of May 9, 2022, and the Mayor called for this Special Meeting to provide for the development of a CDA and action on the plat. City Council Minutes May 9, 2022 City of Colleyville Page 2 Mayor Newton asked City Manager Jerry Ducay to summarize the action of the CDA. City Manager Ducay stated the CDA provides for the City to abandon right-of-way and the developer to provide $50,000 for pond repair for the betterment of the development and citizens. He noted the funds could only be used for the pond and will be returned to the developer if the repairs are not made within three years. Manager Ducay noted the Developer’s funds will not complete all needed repairs and the City will be responsible for the remaining funding. Mayor Newton asked Mike Boswell, Vice President of Land Development for Toll Brothers to come forward. Mayor Newton asked Mr. Boswell if he was in agreement with the terms of the CDA. Mr. Boswell responded yes. Mayor Newton opened and closed the public hearing at 5:37 p.m. as there was no one present wishing to speak. Mayor Pro Tem Bobby Lindamood made a motion to approve Resolution R- 22-4726, seconded by Councilmember Dodson. The motion to approve Resolution R-22-4726 passed with the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. 3b Resolution R-22-4723 Consideration of abandonment of dedicated right-of-way as a part of a replat for Lots 1, 2, 3X, and 4X, Block E, Old Grove Addition, Phase II, being Lots 1 and 2, Block 1, Neidholt Addition, and Lot 2X, Block E, Old Grove Addition, located at 103 John McCain Road, 105 John McCain Road, and 7189 Cast Iron Forest Trail, Case GC22-006 Councilmember Kelley made a motion to remove Resolution R-22-4723 from the table, seconded by Councilmember Wheat. The motion to remove Resolution R-22-4723 from the table passed with the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Mayor Newton read Resolution R-22-4723 in its entirety. Community Development Director Ben Bryner presented this item. City Council Minutes May 9, 2022 City of Colleyville Page 3 There was general discussion regarding Lots 3x and 4x, the pond, and drainage on the property. Mike Boswell, Vice President of Land Development, Toll Brothers, 2555 Southwest Grapevine Highway, Suite 100, Grapevine, was available to answer questions. Mayor Newton opened the public hearing at 5:52 p.m. Susan Rau, 7105 Cast Iron Forest Trail, spoke about the history of this project over the last five years and how the developer has interacted with the home owners. Mrs. Rau thanked the staff for working with the developer for the interest of the citizens. Mrs. Rau asked the City Council to ensure a single home owner is forced to maintain the open space and to clarify where the open space is located versus the utility easement. Brandon Battles, 101 John McCain Road, spoke regarding the five feet of space next to the retaining wall, asking for clarification regarding who maintains this area. There were no others wishing to speak and Mayor Newton closed the public hearing at 6:09 p.m. Discussion and review of the exhibit continued between the City Council and developer. Mayor Newton made a motion to approve Resolution R-22-4723 with the following direction and amendments: Exhibit “A” for Resolution R-22-4723 will be the exhibit taken from Resolution R-22-4724, option 2, add “and approving the replat” to the caption, add “Sec. 2 THAT the replat attached as Exhibit “A” is approved subject to removing the 10-foot building setback line on Lot 4X”, seconded by Councilmember Rigney. The motion to approve Resolution R-22-4723 as amended passed with the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. 3c Resolution R-22-4724 Consideration of a replat for Lots 1, 2, 3X, and 4X, Block E, Old Grove Addition, Phase II, being Lots 1 and 2, Block 1, Neidholt Addition, and Lot 2X, Block E, Old Grove Addition, located at 103 John McCain Road, 105 John McCain Road, and 7189 Cast Iron Forest Trail, Case PC22-005 This resolution was not needed. City Council Minutes May 9, 2022 City of Colleyville Page 4 4. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 6:36 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 17TH DAY OF MAY 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary