REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2015

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1 REGULAR CITY COUNCIL MEETING NOVEMBER 17, 2015 The Regular City Council Meeting of the City of Keller was held on Tuesday, November 17, 2015, at Keller Town Hall, 1100 Bear Creek Parkway, Keller, Texas. The following City Council Members were present: Mayor Mark Mathews Council Member Debbie Bryan Council Member Armin Mizani Council Member Tom Cawthra Council Member Bill Dodge Council Member Bill Hodnett Mayor Pro Tem Rick Barnes Administrative personnel present were City Manager Mark Hafner, City Secretary Sheila Stephens, City Attorney Stan Lowry, Director of Finance Sharon Guess, Director of Administrative Services Sakura Moten-Dedrick, Director of Community Services Cody Maberry, Director of Public Services/Economic Development Trina Zais, Director of Public Works Keith Fisher, Director of Human Resources Carolyn Nivens, Police Chief Michael Wilson, and Fire Chief David Jones. PRE-COUNCIL MEETING A. CALL TO ORDER The Pre-Council Meeting was called to order by Mayor Mark Mathews at 5:01 p.m. B. EXECUTIVE SESSION Mayor Mark Mathews adjourned the meeting to Executive Session during the Pre-Council Meeting for the following purposes allowed in Chapter 551 of the Texas Government Code. 1. Section , Texas Government Code Deliberation Regarding Economic Development Negotiations. (1) To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the Page 1 of 17

2 governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by Subdivision. 2. Section , Texas Government Code - Consultation with attorney to seek advice about pending or contemplated litigation or a settlement offer or other matters permitted by such section. a. Cambrium Properties and Silveroak Development. 3. Adjourn into Open Meeting. The Pre-Council Meeting was called back to order by Mayor Mark Mathews. 4. Action on Executive Session Items 1 and 2a if necessary. C. WORK SESSION Item 1 No action was taken. Item 2a No action was taken. 1. Receive the Keller Finance Committee's Quarterly Investment Reports for the periods ending June 30, 2015 and September 30, Ms. Sakura Moten-Dedrick, Director of Administrative Services, and Mr. Tom Ross, Valley View Consultants gave a presentation regarding the Keller Finance Committee's Quarterly Investment Reports for the periods ending June 30, 2015 and September 30, Discussion was held by the City Council. 2. Discuss 2016 City Council Meeting Dates. Council Member Debbie Bryan and Council Member Armin Mizani addressed the City Council regarding the Page 2 of 17

3 cancellation of the Regular City Council Meetings for Discussion was held by the City Council. The City Council agreed to cancel the January 5, 2016 Regular City Council Meeting. 3. Discuss and review agenda items. D. ADJOURN The City Council discussed and reviewed the agenda items. The Pre-Council was adjourned by Mayor Mark Mathews at 6:55 p.m. REGULAR MEETING A. CALL TO ORDER The Regular Council Meeting was called to order by Mayor Mark Mathews at 7:05 p.m. B. INVOCATION Reverend Henry Penner, St. Martin-in-the Fields Episcopal Church, and Mr. Ron Williams, Covenant Church, gave the invocation. C. PLEDGE OF ALLEGIANCE 1. Pledge to the United States Flag Mayor Mark Mathews led the Pledge to the United States Flag. 2. Pledge to the Texas Flag Honor the Texas Flag: I pledge allegiance to Thee, Texas, one State under God, one and indivisible. Mayor Mark Mathews led the Pledge to the Texas Flag. D. PROCLAMATIONS - None E. PERSONS TO BE HEARD Page 3 of 17

4 This is a time for the public to address the City Council on any subject. However, the Texas Open Meetings Act prohibits the City Council from discussing issues which the public has not been given seventy-two (72) hours notice. Issues raised may be referred to City Staff for research and possible future action. No public comments were made. F. CONSENT The next order of business was for the City Council to consider the Consent Agenda Items, which were deemed to need little or no discussion, and were acted upon as one business item. 1. Consider approval of the minutes of the Regular Council Meeting on Tuesday, November 3, Council Member Armin Mizani made a motion to approve the minutes of the Regular Council Meeting on Tuesday, November 3, 2015 as proposed. Mayor Pro Tem Rick Barnes seconded the motion. The motion carried unanimously. 2. Consider approval of the minutes of the Special Council Meeting on Thursday, November 12, Council Member Armin Mizani made a motion to approve the minutes of the Special Council Meeting on Thursday, November 12, 2015 as proposed. Mayor Pro Tem Rick Barnes seconded the motion. The motion carried unanimously. 3. Consider a resolution casting votes for nominee(s) for the Board of Directors of the Tarrant Appraisal District for a two-year term beginning January 1, Council Member Armin Mizani made a motion to approve Resolution No casting the City s votes for Mr. Mark Wood for the Board of Directors of the Tarrant Appraisal District for a two-year term beginning January 1, 2016 as proposed. Mayor Pro Tem Rick Barnes seconded the motion. The motion carried unanimously. G. OLD BUSINESS None Page 4 of 17

5 H. NEW BUSINESS 1. Consider a resolution approving a variance to the City Districts, for 1212 Ridgeway Drive, a 0.43-acre residential property, located on the southwest corner of the Ridgeway Drive and Meadow Creek Drive intersection, being Lot 16, Block A, Bridgewood, and Residential-15,000 square foot lots). John and Ann Ortiz, owners/applicants. (UDC ) presentation relating to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.11, Fencing Requirements in Residential Districts, for 1212 Ridgeway Drive, Mr. George Muckleroy, Sheats & Muckleroy LLP, Attorney, representing Mr. John Ortiz and Mrs. Ann Ortiz, addressed the City Council regarding the proposal. Council Member Tom Cawthra made a motion to approve Resolution No approving a variance to the City Districts, for 1212 Ridgeway Drive, a 0.43-acre residential property, located on the southwest corner of the Ridgeway Drive and Meadow Creek Drive intersection, being Lot 16, Block A, Bridgewood, and Residential-15,000 square foot lots) with the following condition: 1. The variance to allow a six-foot (6 ) solid wood fence to be placed up to the side yard sidewalk easement shall be allowed. Mayor Pro Tem Rick Barnes seconded the motion. The motion carried with the following vote: Page 5 of 17

6 Mayor Mark Mathews, Council Member Armin Mizani, Council Member Tom Cawthra, Council Member Bill Dodge, and Mayor Pro Tem Rick Barnes. Council Member Debbie Bryan and Council Member Bill Hodnett. 2. Consider a resolution approving a variance to the City Districts, for 678 Meadow Creek Drive, a 0.37-acre residential property, located on the southeast corner of the Meadow Creek Drive and Ridgeway Drive intersection, being Lot 1, Block D, Bridgewood, and Residential-15,000 square foot lots). Karen and Allen Corry, owners/applicants. (UDC ) Districts, for 678 Meadow Creek Drive. Mr. Allen Corry, owner/applicant, addressed the City Council regarding the proposal. Council Member Armin Mizani made a motion to approve Resolution No approving a variance to the City Districts, for 678 Meadow Creek Drive, a 0.37-acre residential property, located on the southeast corner of the Meadow Creek Drive and Ridgeway Drive intersection, being Lot 1, Block D, Bridgewood, and Residential-15,000 square foot lots) with the following condition: 1. The variance to allow a six-foot (6 ) solid wood fence to be placed up to the side yard sidewalk easement shall be allowed. Page 6 of 17

7 Mayor Pro Tem Rick Barnes seconded the motion. The motion carried with the following vote: Mayor Mark Mathews, Council Member Armin Mizani, Council Member Tom Cawthra, Council Member Bill Dodge, and Mayor Pro Tem Rick Barnes. Council Member Debbie Bryan and Council Member Bill Hodnett. 3. Consider a resolution approving a variance to the City Districts, for 668 Rock Springs Drive, a 0.34-acre residential property, located on the southwest corner of the Rock Springs Drive and Hibiscus Drive intersection, being Lot 5, Block C, Bridgewood, and Residential-15,000 square foot lots). Christian and Gina Fulda, owners/applicants. (UDC ) Districts, for 668 Rock Springs Drive. Mr. Christian Fulda and Ms. Gina Fulda, owners/applicants, addressed the City Council regarding the proposal. Council Member Bill Hodnett made a motion to deny a resolution approving a variance to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.11, Fencing Requirements in Residential Districts, for 668 Rock Springs Drive, a 0.34-acre residential property, located on the southwest corner of the Rock Springs Drive and Hibiscus Drive intersection, being Lot 5, Block C, Bridgewood, and zoned PD-SF-15 (Planned Development-Single-Family Residential-15,000 square foot lots). Council Member Debbie Bryan seconded the motion. Page 7 of 17

8 Mayor Pro Tem Rick Barnes made a motion to delay action on Item H-3 until Item H-10 has been heard. Council Member Armin Mizani seconded the motion. The motion carried with the following vote: Mayor Mark Mathews, Council Member Debbie Bryan Council Member Armin Mizani, Council Member Tom Cawthra, Council Member Bill Hodnett, and Mayor Pro Tem Rick Barnes. Council Member Bill Dodge. The motion to deny Item H-3 failed with the following vote: Council Member Debbie Bryan and Council Member Bill Hodnett. Mayor Mark Mathews, Member Armin Mizani, Council Member Tom Cawthra, Council Member Bill Dodge, and Mayor Pro Tem Rick Barnes. Mayor Pro Tem Rick Barnes made a motion to approve Resolution No approving a variance to the City Districts, for 668 Rock Springs Drive, a 0.34-acre residential property, located on the southwest corner of the Rock Springs Drive and Hibiscus Drive intersection, being Lot 5, Block C, Bridgewood, and Residential-15,000 square foot lots) with the following condition: 1. The variance to allow a six-foot (6 ) solid wood fence to be placed up to the side yard sidewalk easement shall be allowed. Council Member Tom Cawthra seconded the motion. The motion carried with the following vote: Mayor Mark Mathews, Council Member Armin Mizani, Council Member Tom Cawthra, Council Member Bill Dodge, and Mayor Pro Tem Rick Barnes. Page 8 of 17

9 Council Member Debbie Bryan and Council Member Bill Hodnett. 4. Consider a resolution approving a variance to the City Districts, for 1240 Edgemere Drive, a 0.42-acre residential property, located on the northwest corner of the Edgemere Drive and Rock Springs Drive intersection, being Lot 5, Block A, Bridgewood, and Residential-15,000 square foot lots). Belclaire Homes, owner/applicant. (UDC ) Districts, for 1240 Edgemere Drive. Mr. Andre Corrales, Belclaire Homes, and Ms. Abby Crosby, 1240 Edgemere Drive, addressed the City Council regarding the proposal. Council Member Bill Dodge made a motion to deny a resolution approving a variance to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.11, Fencing Requirements in Residential Districts, for 1240 Edgemere Drive, a 0.42-acre residential property, located on the northwest corner of the Edgemere Drive and Rock Springs Drive intersection, being Lot 5, Block A, Bridgewood, and zoned PD-SF-15 (Planned Development-Single-Family Residential-15,000 square foot lots). Mayor Pro Tem Rick Barnes seconded the motion. The motion carried with the following vote: Council Member Debbie Bryan, Council, Council Member Bill Dodge, Council Member Bill Hodnett and Mayor Pro Tem Rick Barnes. Mayor Mark Mathews, Council Member Armin Mizani, and Council Member Tom Cawthra. Page 9 of 17

10 5. Consider a resolution approving a variance to the City Districts, for 652 Rock Springs Drive, a 0.45-acre residential property, located on the southeast corner of the Rock Springs Drive and Split Rock Drive intersection, being Lot 1, Block C, Bridgewood, and Residential-15,000 square foot lots). Belclaire Homes, owner/applicant. (UDC ) Districts, for 652 Rock Springs Drive. Mr. Andre Corrales, Belclaire Homes, owner/applicant, and Mr. Justin Hewitt, home buyer, 652 Rock Springs Drive addressed the City Council regarding the proposal. Mayor Mark Mathews made a motion to approve a resolution approving a variance to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.11, Fencing Requirements in Residential Districts, for 652 Rock Springs Drive, a 0.45-acre residential property, located on the southeast corner of the Rock Springs Drive and Split Rock Drive intersection, being Lot 1, Block C, Bridgewood, and zoned PD-SF-15 (Planned Development-Single-Family Residential-15,000 square foot lots). Council Member Armin Mizani seconded the motion. The motion failed with the following vote: Mayor Mark Mathews, Council Member Armin Mizani, and Council Member Tom Cawthra. Council Member Debbie Bryan, Council, Council Member Bill Dodge, Council Member Bill Hodnett and Mayor Pro Tem Rick Barnes. Mayor Rick Barnes made a motion to deny a resolution approving a variance to the City of Keller Unified Page 10 of 17

11 Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.11, Fencing Requirements in Residential Districts, for 652 Rock Springs Drive, a 0.45-acre residential property, located on the southeast corner of the Rock Springs Drive and Split Rock Drive intersection, being Lot 1, Block C, Bridgewood, and zoned PD-SF-15 (Planned Development-Single-Family Residential-15,000 square foot lots). Council Member Debbie Bryan seconded the motion. The motion carried with the following vote: Council Member Debbie Bryan, Council, Council Member Bill Dodge, Council Member Bill Hodnett and Mayor Pro Tem Rick Barnes. Mayor Mark Mathews, Council Member Armin Mizani, and Council Member Tom Cawthra. 6. Consider a resolution approving a variance to the City Districts, for 1220 Hibiscus Drive, a 0.42-acre residential property, located on the southeast corner of the Hibiscus Drive and Meadow Creek Drive intersection, being Lot 4, Block B, Bridgewood, and Residential-15,000 square foot lots). John and Courtney Critz, owners. Belclaire Homes, applicant. (UDC ) Districts, for 1220 Hibiscus Drive. Mr. Andre Corrales, Belclaire Homes, applicant, addressed the City Council regarding the proposal. Council Member Armin Mizani made a motion to approve a resolution approving a variance to the City of Districts, for 1220 Hibiscus Drive, a 0.42-acre Page 11 of 17

12 residential property, located on the southeast corner of the Hibiscus Drive and Meadow Creek Drive intersection, being Lot 4, Block B, Bridgewood, and Residential-15,000 square foot lots). Council Member Tom Cawthra seconded the motion. The motion failed with the following vote: Council Member Armin Mizani, Council Member Tom Cawthra and Mayor Pro Tem Rick Barnes. Mayor Mark Mathews, Council Member Debbie Bryan, Council Member Bill Dodge, and Council Member Bill Hodnett. 7. Consider a resolution approving a variance to the City Districts, for 1241 Edgemere Drive, a 0.44-acre residential property, located on the northeast corner of the Edgemere Drive and Rock Springs intersection, being Lot 4, Block B, Bridgewood, and zoned PD-SF-15 (Planned Development-Single-Family Residential-15,000 square foot lots). Michael and Carolyn Riggs, owners/applicants. (UDC ) Districts, for 1241 Edgemere Drive. Mr. Michael Riggs, 1241 Edgemere Drive, addressed the City Council regarding the proposal. Council Member Bill Hodnett made a motion to deny a resolution approving a variance to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.11, Fencing Requirements in Residential Districts, for 1241 Edgemere Drive, a 0.44-acre residential property, located on the northeast corner of the Edgemere Drive and Rock Springs intersection, being Lot 4, Block B, Bridgewood, and zoned PD-SF-15 (Planned Development-Single-Family Residential-15,000 Page 12 of 17

13 square foot lots). Council Member Debbie Bryan seconded the motion. The motion carried with the following vote: Mayor Mark Mathews, Council Member Debbie Bryan, Council Member Armin Mizani, Council Member Bill Dodge, Council Member Bill Hodnett and Mayor Pro Tem Rick Barnes. Council Member Tom Cawthra. 8. Consider a resolution approving a variance to the City Districts, for 691 Clear Brook Drive, a 0.37-acre residential property, located on the northwest corner of the Clear Brook Drive and Hibiscus Drive intersection, being Lot 5, Block D, Bridgewood, and Residential-15,000 square foot lots). Blake Harren, owner/applicant. (UDC150026) Districts, for 691 Clear Brook Drive. Mr. Blake Harren and Mrs. Jennifer Harren, owners/applicants, addressed the City Council regarding the proposal. Council Member Debbie Bryan made a motion to deny a resolution approving a variance to the City of Keller Unified Development Code, Article 8, Zoning Districts, Development Standards, Tree Preservation, Section 8.11, Fencing Requirements in Residential Districts, for 691 Clear Brook Drive, a 0.37-acre residential property, located on the northwest corner of the Clear Brook Drive and Hibiscus Drive intersection, being Lot 5, Block D, Bridgewood, and zoned PD-SF-15 (Planned Development-Single-Family Residential-15,000 square foot lots). Council Member Bill Dodge seconded the motion. The motion carried with the following vote: Page 13 of 17

14 Mayor Mark Mathews, Council Member Debbie Bryan, Council Member Bill Dodge, Council Member Bill Hodnett and Mayor Pro Tem Rick Barnes. Council Member Armin Mizani and Council Member Tom Cawthra. 9. Consider a resolution approving a variance to the City Districts, for 679 Clear Brook Drive, a 0.37-acre residential property, located on the northeast corner of the Clear Brook Drive and Ridgeway Drive intersection, being Lot 8, Block D, Bridgewood, and Residential-15,000 square foot lots). Layth Baya and Nagham Karim, owners/applicants. (UDC ) Districts, for 679 Clear Brook Drive. Mr. Baya, representing his parents, addressed the City Council regarding the proposal. Mayor Mark Mathews made a motion to approve a Resolution No approving a variance to the City Districts, for 679 Clear Brook Drive, a 0.37-acre residential property, located on the northeast corner of the Clear Brook Drive and Ridgeway Drive intersection, being Lot 8, Block D, Bridgewood, and Residential-15,000 square foot lots) with the following condition: 1. The variance to allow a six-foot (6 ) solid wood fence to be placed up to the side yard sidewalk easement shall be allowed. Page 14 of 17

15 Council Member Bill Dodge seconded the motion. The motion carried with the following vote: Mayor Mark Mathews, Council Member Armin Mizani, Council Member Tom Cawthra, Council Member Bill Dodge, and Mayor Pro Tem Rick Barnes. Council Member Debbie Bryan and Council Member Bill Hodnett. 10. Consider a resolution approving a variance to the City Districts, for 669 Meadow Creek Drive, a 0.52-acre residential property, located on the northwest corner of the Meadow Creek Drive and Hibiscus Drive intersection, being Lot 6, Block C, Bridgewood, and Residential-15,000 square foot lots). John and Erica Lee, owners/applicants. (UDC ) Districts, for 669 Meadow Creek Drive. Mrs. Erica Lee and Mr. John Lee, 669 Meadow Creek Drive, owners/applicants, addressed the City Council regarding the proposal. Council Member Armin Mizani made a motion to approve Resolution No approving a variance to the City Districts, for 669 Meadow Creek Drive, a 0.52-acre residential property, located on the northwest corner of the Meadow Creek Drive and Hibiscus Drive intersection, being Lot 6, Block C, Bridgewood, and Residential-15,000 square foot lots) with the following condition: Page 15 of 17

16 1. The variance to allow a six-foot (6 ) solid wood fence to be placed up to the side yard sidewalk easement shall be allowed. Council Member Tom Cawthra seconded the motion. The motion carried with the following vote: Mayor Mark Mathews, Council Member Armin Mizani, Council Member Tom Cawthra, Council Member Bill Dodge, and Mayor Pro Tem Rick Barnes. Council Member Debbie Bryan and Council Member Bill Hodnett. I. DISCUSSION None J. EXECUTIVE SESSION Mayor Mark Mathews adjourned the meeting to Executive Session during the Regular Meeting for the following purposes allowed in Chapter 551 of the Texas Government Code. 1. Section , Texas Government Code Deliberation Regarding Economic Development Negotiations. (1) To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by Subdivision. 2. Section , Texas Government Code - Consultation with attorney to seek advice about pending or contemplated litigation or a settlement offer or other matters permitted by such section. a. Cambrium Properties and Silveroak Development. Page 16 of 17

17 3. Adjourn into Open Meeting. The Regular Meeting was called back to order by Mayor Mark Mathews. 4. Action on Executive Session Items 1 and 2a if necessary. K. ADJOURN Item 1 No action was taken. Item 2a No action was taken. Mayor Pro Tem Rick Barnes made a motion to adjourn the meeting at 9:53 p.m. Council Member Bill Hodnett seconded the motion. The motion carried with the following vote: Mayor Mark Mathews, Council Member Debbie Bryan Council Member Tom Cawthra, Council Member Bill Dodge, Council Member Bill Hodnett and Mayor Pro Tem Rick Barnes. Council Member Armin Mizani. CITY SECRETARY MAYOR Page 17 of 17