Loading...
HomeMy WebLinkAboutCity Council-Minutes-8/01/2017 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, August 1, 2017 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of budget scenarios based on ad valorem revenue WS-2 Discussion of Classification and Compensation Study Implementation Plan WS-3 Discussion of Land Development Code amendment priorities WS-4 Discussion of the proposed sidewalks included in the Pleasant Run Road reconstruction project WS-5 Discussion of the the August 1, 2017, 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 public hearing or action items on the agenda Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities (Glade Road Phase 1B and 2A Property Acquisition Update) Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that 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 August 1, 2017 City of Colleyville Page 2 INVOCATION: Neda Moayad, Colleyville Baha'i Community 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-17-4159 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Miss Colleyville 2017 Rachel Renee Hornbuckle - Mayor Richard Newton and Councilmember Tammy Nakamura 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-17-4160 4a Approval of the minutes of the regular City Council meeting of July 18, 2017 4b Approval of an interlocal agreement between the City of Colleyville and the City of Fort Worth to extend participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program through Fiscal Year 2018, and authorize the city manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2016 Consideration of an appeal of the decision of the Planning and Zoning Commission for a Special Use Permit for a Convenience Store with Gasoline Sales on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC16-007 5b Ordinance O-17-2017 Consideration of an appeal of the decision of the Planning and Zoning Commission for a Special Use Permit for Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption, on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC17-010 City Council Agenda August 1, 2017 City of Colleyville Page 3 5c Ordinance O-17-2018 Approval of the Fiscal Year 2018 Colleyville Crime Control and Prevention District budget 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-17-2019 Consideration of a Special Use Permit for an Accessory Building to exceed the total square footage permitted on Lot 1, Block 1, of the K Bar G Estates Addition, located at 6401 Westcoat Road, Case ZC17- 008 6b Ordinance O-17-2020 Consideration of an appeal of the decision of the Planning and Zoning Commission for a zoning change request from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC17- 009 6c Ordinance O-17-2021 Consideration of a request to appeal the decision by the Planning and Zoning Commission for a zoning change from the R-40 Single Family Residential zoning district to the R-30 Single Family Residential zoning district on Tracts 1B1A and 2C2B, Abstracts 1674 and 1038, in the Hall Medlin Survey, located at 600 John McCain Road, Case ZC17- 001 6d Ordinance O-17-2022 Consideration of amendments to the Colleyville Code of Ordinances, Chapters 86 and 91, related to telecommunications providers 6e Ordinance O-17-2023 Consideration of approval to adopt a design manual relative to network nodes 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4161 A resolution approving the terms of a license agreement with the Colleyville Community Gardens for the use of McPherson Park for the purpose of establishing a community garden program, and authorizing the city manager to execute the agreement City Council Agenda August 1, 2017 City of Colleyville Page 4 7b Resolution R-17-4162 Approval of a resolution to replace Resolution R-16-4023 adopting the City Council Rules of Procedure and meeting brochure and establishing an effective date 7c Resolution R-17-4163 Approval of a resolution to fill two vacancies on the Water and Wastewater Rate Advisory Committee 8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 8a Presentation of Road Project Updates 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 1, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17- 4164 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 28, 2017 by 5:00 p.m. Amy Shelley, 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, August 1, 2017 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, August 1, 2017, at 5:00 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor City Manager Jerry Ducay, Assistant City Manager/Director of Public Safety Mike Holder, Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Shereen Gendy, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Recreation and Library Director Mary Rodne, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Amy Shelley WS-1 Discussion of budget scenarios based on ad valorem revenue Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Councilmember Wheat asked staff why 0.33383 was chosen. Manager Lothery replied it was a number in the middle of the previous and recommended rate. Mayor Newton asked staff if the surplus includes the new construction. Manager Lothery replied yes. Mayor Newton asked staff if the draft budget is computed from the current draft budget. Manager Lothery replied yes, including the $200,000 for compensation. Councilmember Taylor asked staff to explain what new construction means. City Manager Jerry Ducay replied, assuming you take occupancy before January 1, is considered new construction. Councilmember Taylor asked staff who determines the occupancy. City Manager Jerry Ducay replied TAD. Councilmember Taylor asked staff if they report the information to TAD. City Manager Jerry Ducay replied yes. Manager Lothery agreed. City Council Minutes August 1, 2017 City of Colleyville Page 2 Councilmember Wheat asked staff why the TIF percentage increased so much. Manager Lothery replied because there are no limits on commercial zones. Councilmember Wheat asked staff if this is affecting all TIFs in the area. Manager Lothery replied yes. Mayor Newton asked staff what is being assumed for sales tax. Manager Lothery replied flat from current year end projections. Mayor Newton asked the City Council about their thoughts. City Council concurred with staff’s recommendation. WS-2 Discussion of Classification and Compensation Study Implementation Plan Human Resources Director Rachel Huitt presented this item and briefed the City Council. Lenona Nichols and Bo Bottger, Classification and Compensation Committee members were present to answer questions. Mayor Newton stated being in favor of bringing all staff to their new proposed compensation range, including “feathering them in” to their appropriate point in each of their new compensation ranges. Mayor Newton stated he had previously discussed with City Manager Jerry Ducay how to accomplish this within the proposed budget. Mayor Newton asked staff when merit occurs. Director Huitt replied merits are distributed in April. Mayor Newton stated if everyone is brought to the new compensation level, those who receive a hefty raise, should not get additional raises on top of that in April. Councilmember Coplen asked Mayor Newton about the compression caused in the rest of the organization. Mayor Newton replied his proposal would eliminate compression at this point. However, we need a methodology to avoid future compression. This can be done by giving raises that are dependent upon where an employee’s pay is relative to their compensation range mid-point. Councilmember Taylor asked staff if this is the same consultant from the previous study. Director Huitt replied no, it is a different consultant. Mayor Newton stated he wants to take a look at some of the new ranges, and compare them to the old ranges and the market survey. Councilmember Taylor asked staff if the left column is existing staff. Director Huitt replied those are the positions that were surveyed. City Council Minutes August 1, 2017 City of Colleyville Page 3 Councilmember Taylor suggested getting with a consultant and staying with them. Mayor Newton added we have the software provided by the present consultant, that Colleyville HR will use moving forward. He also said as we move forward, we need to consider a process for comparing to the market more often. He added, he will insist on an ongoing process to avoid salary compression. Councilmember Coplen asked Mayor Newton if the final number to get everyone to their proposed pay, as he recommended, is $657,000. Mayor Newton replied yes, about $657,000. Mayor Newton asked staff what is the plan for using the merit pool. Manager Lothery replied staff will need time to review this and will get back with the City Council to provide preliminary numbers. Mayor Newton stated this is a huge decision to move forward with the funding. Mayor Pro Tem Lindamood expressed his appreciation to the committee, especially the citizens and their help. WS-3 Discussion of Land Development Code amendment priorities Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Coplen asked staff about the policy on sidewalks. Director Bryner replied it will have to be included in the timeline, at some time. City Manager Jerry Ducay stated staff is proposing the policy be ready by the end of the year. Councilmember Dodson stated the tree preservation issue will be hitting the house for legislation, and our ordinance may need to be updated. Councilmember Dodson asked staff if there is any land for Colleyville to annex. Director Bryner replied yes, at the end of Reagan and Lowry Road. Councilmember Coplen asked staff about the proposed timeline and how it was drafted. Director Bryner replied with limited resources and small staff, the items were prioritized and ranked based on issues evaluated regularly. Councilmember Coplen asked staff if there are any requests coming from the County. Director Bryner replied we would receive our notifications from the state not the county. Councilmember Taylor asked about the fencing update for corner lots and side yard setbacks. Director Bryner replied there are currently a lot of complaints about corner lots, since the front and side yard setbacks are the same, such as not being able to fence the corner side yards. City Council Minutes August 1, 2017 City of Colleyville Page 4 Mayor and City Council all agreed to get started with the ones most important as outlined in the Comprehensive Master Plan. Councilmember Taylor stated he would like standards for drainage evaluations to be included with straight zoning requests. Director Bryner replied staff will tighten up the regulations and review. WS-4 Discussion of the proposed sidewalks included in the Pleasant Run Road reconstruction project Public Works Director Jeremy Hutt presented this item and briefed the City Council. Councilmember Dodson stated his reaction to this sidewalk is the same as the homeowners, there is a trail across the street which would make it seem that a sidewalk on this side is not needed. Councilmember Wheat concurred, but special crosswalk areas could benefit the neighbors to get across the street. Councilmember Coplen stated there are sidewalks down Pleasant Run Road to the west, which would now connect to nothing. Councilmember Nakamura stated the new Sidewalk Committee could review to see if this sidewalk is needed. Councilmember Taylor asked staff why the other side of Pleasant Run Road was not considered. Director Hutt replied when the project was originally discussed, this sidewalk was added at the last minute. Mayor Newton stated it does not bother him to take out the sidewalk on the west side since there is a trail on the east side. He added there is a sidewalk policy discussion to be had, after we receive the recommendations of the Sidewalk Ad Hoc Committee. Mayor Newton stated the majority of the City Council agrees to remove it. WS-5 Discussion of the August 1, 2017, City Council regular agenda items Councilmember Coplen asked Mayor Newton about names for the committee on agenda item 7c. Mayor Newton replied Claudia Bevill and Tony Seris. Mayor Newton stated he has talked with the Community Garden folks, and he will be recommending to table agenda item 7a. Mayor Newton adjourned the worksession at 6:30 p.m. Mayor Newton called the Executive Session to order at 6:30 p.m. and called the roll. City Council Minutes August 1, 2017 City of Colleyville Page 5 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 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 public hearing or action items on the agenda Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities (Glade Road Phase 1B and 2A Property Acquisition Update) Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 6:55 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 p.m. INVOCATION: Jackie Stratton, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor City Manager Jerry Ducay, Assistant City Manager/Director of Public Safety Mike Holder, Interim Assistant City Manager and Executive Director of Economic Development and Communications Mark Wood, Fire Chief Brian Riley, Chief Financial Officer Shereen Gendy, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Ben Bryner, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Whitt Wyatt, and City Secretary Amy Shelley City Council Minutes August 1, 2017 City of Colleyville Page 6 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4159 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 announced the Colleyville Chamber of Commerce is now accepting applications for Leadership Colleyville. Mayor Pro Tem Lindamood encouraged everyone to lock up their belongings, lock their shed, and be aware of your surroundings as the Police Department relies on citizens and their help in watching our community. Proclamation in recognition of Miss Colleyville 2017 Rachel Renee Hornbuckle - Mayor Richard Newton and Councilmember Tammy Nakamura Mayor Richard Newton and Councilmember Tammy Nakamura presented Miss Colleyville 2017 Rachel Renee Hornbuckle, with a proclamation of recognition. Miss Colleyville 2017 Rachel Renee Hornbuckle thanked the Mayor and City Council for the recognition and said she is honored to represent Colleyville. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4160 4a Approval of the minutes of the regular City Council meeting of July 18, 2017 4b Approval of an interlocal agreement between the City of Colleyville and the City of Fort Worth to extend participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program through Fiscal Year 2018, and authorize the city manager to execute the agreement Mayor Newton read Resolution R-17-4160 in its entirety. Mayor Newton presented and briefed the City Council regarding item 4b. City Council Minutes August 1, 2017 City of Colleyville Page 7 Councilmember Taylor provided amendments to the July 18, 2017, City Council meeting on pages 1, 4, and 14 to read as follows: Page 1: Councilmember Taylor asked staff if the removal of existing asphalt was completed during the milling of Glade Road. Director Hutt replied yes. Page 4: Councilmember Taylor asked staff if we have thought about putting landscaping or screening along Hall-Johnson Road Service Center area. Director Hutt replied yes, staff is currently adding landscaping and screening to the service center property. Page 14: Councilmember Taylor stated he appreciates the enthusiasm of RaceTrac and has heard the concerns of the citizens and stated not being against the use. He added the access to the properties from the intersections is a concern and needs to be adjusted to allow a good cross through. Mayor Newton opened the public hearing at 7:42 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:42 p.m. Councilmember Taylor made a motion to approve Resolution R-17-4160 with the amendments to the July 18, 2017, City Council meeting minutes. Councilmember Dodson seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-17-2016 Consideration of an appeal of the decision of the Planning and Zoning Commission for a Special Use Permit for a Convenience Store with Gasoline Sales on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC16-007 Mayor Newton read the caption of Ordinance O-17-2016. Community Development Director Ben Bryner presented this item and briefed the City Council. Drew Cunningham, RaceTrac representative, presented this item and briefed the City Council. City Council Minutes August 1, 2017 City of Colleyville Page 8 Mayor Newton stated being fundamentally opposed to this use at this location. Mayor Newton opened the public hearing at 8:00 p.m. Mike Sexton, 3612 Greenbriar Court, spoke in support of this request. Pam Wozniak, 7004 Coleman Court, spoke in opposition to this request with concerns about the lack of addressing concerns in the master plan; lack of reporting on sales tax revenue; environmental concerns; and their traffic study does not match with the streets in Colleyville. Patty Wozniak, 7004 Coleman Court, spoke in opposition to this request with concerns for increased traffic and construction in this section of Colleyville. Craig Wozniak, 7004 Coleman Court, spoke in opposition to this request with concerns about the smaller businesses; and the location being so close to residential; the Wachovia location seems to work better. Kathy Hadley, 204 Timberline Drive North, spoke in support to this request. Dave Aistrup, 2201 Danielle Drive, spoke in support to this request. Floyd Swaim, 204 Timberline Drive South, spoke in support to this request. Pat Aistrup, 2201 Danielle Drive, spoke in support to this request. Jay Steinkamp, 1313 Ashford Court, spoke in support to this request. Chuck Mogged, 1217 Tuscany Drive, spoke in support to this request. The following persons did not wish to speak, but did wish to register their opposition: Rachel Koch, 6907 Upland Lane; Jenny Haas, 1500 Douglas; and Catherine Coley Canter, 6905 Upland Lane. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:33 p.m. Councilmember Nakamura stated being supportive of RaceTrac in Colleyville, but not in favor of this location, and would love for them to be somewhere in Colleyville. Councilmember Taylor stated he believes this is a prime location for this type of business, especially since this location is across the street from the trail head, which is a great location for bikers and walkers to buy things. City Council Minutes August 1, 2017 City of Colleyville Page 9 Mayor Pro Tem Lindamood stated not being in favor of this request at this location. This property is our gateway into Colleyville, and he has encouraged Mr. Cunningham to find another location in Colleyville. Councilmember Nakamura stated she is pro economic development, and convinced economic growth will happen once SH26 is finished. Mayor Pro Tem Lindamood stated the businesses that have closed on SH26 are not because of the construction on SH26. Councilmember Wheat stated being pleased with RaceTrac and their plans which would be a great fit for Colleyville, but not in this location. Councilmember Dodson stated being pleased with RaceTrac as well, and being educated with what they can do; however, this location is a prime location for development and this request does not fit in the Master Plan. Councilmember Coplen stated the core of Colleyville needs to show the surrounding cities what Colleyville is all about, and make the core the pinnacle of our town. She stated there is really nothing wrong with RaceTrac in this location, but her main concern is to do what is necessary for the core of the City. Mayor Newton stated he is not sure about the mentioned water feature being in the Master Plan nor about the previous development mentioned. He stated there was a gas station located to the north of this property, but it did not succeed. Sales tax, year-over-year, has increased at least by three percent. Property values have also increased year-over-year and are holding, even in down times. Colleyville is unique and funded by ad valorem, which most thought would not work. Mayor Pro Tem Lindamood made a motion to deny Ordinance O-17-2016. Councilmember Nakamura seconded the motion. The motion to deny carried with the following vote: Aye: 5 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, and George Dodson Nay: 2 – Councilmembers Nancy Coplen and Mike Taylor 5b Ordinance O-17-2017 Consideration of an appeal of the decision of the Planning and Zoning Commission for a Special Use Permit for Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption, on Lot 1R, Block 1, of the Gardens Addition, located at 7015 Colleyville Boulevard, Case ZC17-010 City Council Minutes August 1, 2017 City of Colleyville Page 10 Mayor Newton read the caption of Ordinance O-17-2017. Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton stated it does not make sense to pass this item when the previous companion item was denied. Mayor Newton opened the public hearing at 9:02 p.m. The following persons did not wish to speak, but did wish to register their opposition: Craig and Pam Wozniak, 7004 Coleman Court. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:03 p.m. Councilmember Taylor made a motion to deny Ordinance O-17-2017. Councilmember Wheat seconded the motion. The motion to deny carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 5c Ordinance O-17-2018 Approval of the Fiscal Year 2018 Colleyville Crime Control and Prevention District budget Mayor Newton read the caption of Ordinance O-17-2018. Mayor Newton opened the public hearing at 9:06 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:06 p.m. Mayor Newton made a motion to approve Ordinance O-17-2018. Councilmember Coplen seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor City Council Minutes August 1, 2017 City of Colleyville Page 11 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-17-2019 Consideration of a Special Use Permit for an Accessory Building to exceed the total square footage permitted on Lot 1, Block 1, of the K Bar G Estates Addition, located at 6401 Westcoat Road, Case ZC17- 008 Mayor Newton read the caption of Ordinance O-17-2019. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Coplen asked staff when this item was heard by the Planning and Zoning Commission. Director Bryner replied July 12. Councilmember Taylor stated this property has twice as much land as what a three acre property can have in accessory buildings, 2,500 square feet. Director Bryner concurred, as written today. Mayor Newton stated being in favor of this request, as this property is used as agricultural, and it has employees who live on site. Jeff Polk, contractor representing the property owner, presented this item and briefed the City Council. Mayor Newton opened the public hearing at 9:16 p.m. There was no one wishing to speak and Mayor Newton closed the public hearing at 9:16 p.m. This was a first reading; therefore, City Council did not take any action. 6b Ordinance O-17-2020 Consideration of an appeal of the decision of the Planning and Zoning Commission for a zoning change request from the PUD-C Planned Unit Development Commercial zoning district to the PUD-C Planned Unit Development Commercial zoning district on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC17- 009 Mayor Newton read the caption of Ordinance O-17-2020. Community Development Director Ben Bryner presented this item and briefed the City Council. City Council Minutes August 1, 2017 City of Colleyville Page 12 Councilmember Taylor asked staff about the application for homes previously denied, and the exhibit provided with the original ordinance. Director Bryner replied he did not have the original exhibit referenced in the 1985 ordinance, but he would look again to see if he can find the exhibit. Don Jones, 2404 Arbor Trail, and applicant, presented this item and briefed the City Council. Mayor Newton asked Mr. Jones if he currently owns the property. Mr. Jones replied it is under contract with a contingency. Mayor Newton opened the public hearing at 9:33 p.m. Mike Sexton, 3612 Greenbriar Court, spoke in support of this request. Mike Davila, 100 Greenbriar Lane, spoke in support of this request, but stated he does not want a masonry wall. Kay Whlenhaker, 4803 Cranbrook East, spoke in support of this request. Doris Clark, 3708 Sweetbriar Lane, spoke in support of this request. James Bevill, 119 Cheek-Sparger Lane, spoke in opposition of this request with concerns about the use not being an asset to the community, as a whole, since there is an assisted living facility approved at Wayne Drive and Cheek-Sparger Road, with another assisted living facility being proposed with the Planning and Zoning Commission; and drainage issues. Claudia Bevill, 119 Cheek-Sparger Road, spoke in opposition of this request with concerns about the facility not being large enough to really make a difference with aging community, especially since there is an assisted living facility down the street; congregate residence like a boarding house for family and friends; and what would the use of building be if the business fails. Dean Howell, 104 Cheek-Sparger Road, spoke in support of this request. Jo Lynn Golden 3700 Sweetbriar Lane, spoke in support of this request. Edward Haan, 7500 Wind Swept Trail, spoke in support of this request. The following persons did not wish to speak, but did wish to register their support of this request: David Wallace, 104 Greenbriar Lane; Cynthia Wallace, 104 Greenbriar Lane; and Elizabeth Guest, 106 Greenbriar Lane. City Council Minutes August 1, 2017 City of Colleyville Page 13 There were no others wishing to speak and Mayor Newton closed the public hearing at 10:06 p.m. Councilmember Wheat asked Mr. Jones about the target audience for the use. Mr. Jones replied for many years, friends very close to him, had always dreamed of living together in a duplex. Another set of friends are now having to take care of their disabled son, and he would like for them to live there. He plans to live there as a resident, and never thought about this as a business, but he does have a partner who can speak to the business. He stated some have owner/operators and have the license to operate facility. He plans to have staff on site to handle the residents, including him and his wife. He expects this to be owned by his family. Councilmember Wheat asked Mr. Jones if there would be other residents who were not family and friends of his that would live there. Mr. Jones replied there are no multi-families to live there. He plans to live there rather than another community, to retire there because he is not impressed with the large facilities. The friends would not be related to them. Councilmember Wheat asked Mr. Jones if he would be actively seeking other persons to be residents of the facility. Mr. Jones replied yes. Councilmember Nakamura asked Mr. Jones if he currently lives in Colleyville. Mr. Jones replied yes. Councilmember Dodson asked Mr. Jones how he will compete with the facility already approved down the street. Mr. Jones replied he has talked with those owners, and has looked at other facilities on a smaller scale, such as Beehive and Greenhouse. Mayor Newton asked staff about drainage issues. Director Bryner replied he does not know of any drainage issues. Mayor Newton asked staff if they have looked at the drainage flow from this property to the existing properties. Director Bryner replied not at this time. City Manager Jerry Ducay asked staff if the site will have onsite detention. Director Bryner replied the applicant is required to detain any drainage or discharge appropriately, and will have to have those issues taken care of during the site plan review. Mayor Newton stated there could not be a favorable vote, from him, until the drainage issues are addressed. Mayor Newton asked Mr. Jones if two people will be able to occupy one room. Mr. Jones replied the state will not allow more than 16 occupants, and one or two rooms may be a couple; most will be a widow or widower. There will be ten living quarters. City Council Minutes August 1, 2017 City of Colleyville Page 14 Mayor Newton asked Mr. Jones about the cost of the facility, will it be a Medicare or Medicaid facility. Mr. Jones replied it will be privately funded, with the ability to use insurance. He stated the fees will be substantial. Mayor Newton asked Mr. Jones how much it will cost to live there. Mr. Jones replied they have ran the numbers, and with only six residents, the cash flow would be enough to be operable. Mayor Newton asked Mr. Jones, again, how much will it cost to live there. Mr. Jones replied he can state what places like Watermere and Park Place charge, typically $4,500 to $5,000 a month, with a spouse, another $1,000 a month. There are facilities that are much higher. He stated it will not be a $2,300 a month facility. Mayor Newton asked Mr. Jones about his return on his investment. Mr. Jones replied he and his son have considered the return on his investment to be about seven percent. He said there would be no debt, with reserves to operate the facility. Mayor Newton asked Mr. Jones if he has ever done a business like this. Mr. Jones replied no. Mayor Newton recessed the meeting at 10:24 p.m. Mayor Newton reconvened the meeting at 10:33 p.m. Fred Hermus, 2401 North 224 Street West, Andale, Kansas, Physicians Development Group, Axiom Healthcare Services, presented the business side of the facility on behalf of Mr. Jones. Mayor Newton asked Mr. Hermus about his role in this development. Mr. Hermus replied he is a consultant for Mr. Jones. Councilmember Wheat asked Mr. Hermus if he is associated with the Greenhouse. Mr. Hermus replied no, he is very familiar with the facility. Councilmember Coplen asked Mr. Hermus if the Beehive House is one of his facilities. Mr. Hermus replied yes, in Lewisville. Mayor Newton asked Mr. Hermus if he currently operates facilities such as these. Mr. Hermus replied yes, and listed a few in the state of Kansas, all with about 12 rooms. Mayor Newton asked Mr. Hermus how many facilities he is operating. Mr. Hermus replied five facilities; The Reflection Living (3), The Hutcheson Facility; The Cottages. City Council Minutes August 1, 2017 City of Colleyville Page 15 Councilmember Coplen asked Mr. Hermus about the cost of his facilities in Kansas. Mr. Hermus replied $240 per day, about $7,200 per month. Councilmember Dodson asked Mr. Hermus about the number of staff members in the facilities. Mr. Hermus replied the number of staff members depends on the level of care, some are staffed higher. Some range between three and six staff members, depending on the number of residents; nurses are included in the staffing. He stated Mr. Jones is not proposing a medical type facility. Councilmember Dodson asked Mr. Hermus if dementia patients require more staff. Mr. Hermus replied not necessarily, it depends on the level of dementia. Councilmember Coplen asked staff about the reasons why the Planning and Zoning Commission were not in favor of the request. Director Bryner replied there was no discussion as to the reason to deny the request. He stated the motion was to approve, but failed by a 2-5 vote. Mayor Pro Tem Lindamood asked Mr. Jones about the plan if the business fails or the economy goes bad. Mr. Jones replied he would decrease what is being charged, and he would decrease his overhead. He stated this is an investment to him, and he does not want to lose it. Mayor Pro Tem Lindamood asked Mr. Jones if the residents have to be able to walk in on their own. Mr. Jones replied yes, the residents have to be able to exit on their own in the event of an emergency; it is not a medical facility. Mayor Pro Tem Lindamood asked Mr. Jones what happens to residents who become bed ridden. Mr. Jones replied those residents would not be able to stay, based on state regulations. Mayor Pro Tem Lindamood asked Mr. Jones if he has a concept grading plan. Mr. Jones replied since it is not required for the zoning request, he does not have plans. He stated he will have to have it before the building permit is issued. He stated he does not want to invest in plans if the zoning is not approved. He stated he knows where the water flows based on the contour maps. With a building in place, the flow will change. Councilmember Nakamura asked Mr. Jones if he is in business with his son. Mr. Jones replied no, his son is over the trust, but not in this venture. He stated there are different family trusts. Councilmember Taylor asked staff if under the existing Land Development Code, the applicants are required to drain the water to the street. Director Bryner replied the street is the ideal location, but it is not required, otherwise they have to detain the water on the property or discharge it at the existing rate. City Council Minutes August 1, 2017 City of Colleyville Page 16 This was a first reading; therefore, City Council did not take any action. 6c Ordinance O-17-2021 Consideration of a request to appeal the decision by the Planning and Zoning Commission for a zoning change from the R-40 Single Family Residential zoning district to the R-30 Single Family Residential zoning district on Tracts 1B1A and 2C2B, Abstracts 1674 and 1038, in the Hall Medlin Survey, located at 600 John McCain Road, Case ZC17-001 Mayor Newton read the caption of Ordinance O-17-2021. Community Development Director Ben Bryner presented this item and briefed the City Council. Councilmember Wheat asked staff about the Planning and Zoning Commission’s discussion about why they denied the request. Director Bryner replied a lot of the discussion was about the existing zoning surrounding the property and not wanting to go away from the R40 zoning. Edward Mitchell, 600 John McCain Road, presented this item and briefed the City Council. Mayor Newton opened the public hearing at 11:29 p.m. Doug Miller, 7112 Pleasant Run Road, spoke in opposition to this request with concerns about density and the possible decrease in property values. Waguih Guirguis, 7204 Waldon Court, spoke in opposition to this request with concerns about density. The following persons did not wish to speak, but did wish to register their support: Sydree Mitchell, 600 John McCain Road and Shearon Mitchell, 600 John McCain Road. There were no others wishing to speak and Mayor Newton closed the public hearing at 11:36 p.m. This was a first reading; therefore, City Council did not take any action. 6d Ordinance O-17-2022 Consideration of amendments to the Colleyville Code of Ordinances, Chapters 86 and 91, related to telecommunications providers Mayor Newton read the caption of Ordinance O-17-2022. City Council Minutes August 1, 2017 City of Colleyville Page 17 Community Development Director Ben Bryner presented this item and briefed the City Council. Mayor Newton asked staff about the sense of urgency with this ordinance. Director Bryner replied without the approval of this ordinance, there are some things Colleyville would not be able to regulate, and would have to comply with the senate bill, if it is approved. Mayor Newton asked staff if this ordinance approval, prior to September 1, will allow Colleyville to regulate certain things. Director Bryner replied yes, if we do not have the regulations in place, we will have to comply with state legislation. Mayor Newton asked staff about the deadline of March 2018. Director Bryner replied March 18 is the last deadline, but before September 1, Colleyville has more latitude. Councilmember Taylor asked staff if this ordinance designates certain areas to be more aesthetically pleasing with the placement of the nodes within residential restrictions. Director Bryner replied yes, there are residential and historic restrictions. Mayor Newton asked if we have fancy light poles, we would then be able to apply restrictions to the placement of nodes on the light poles. Director Bryner replied yes. City Attorney Whitt Wyatt explained the state is clamping down on cities’ actions, and the lobbyists are asking for more uniform regulations. Before September 1, we get to preserve our regulations, until March 18, and all current contracts and amendments, otherwise those would revert to state law. Councilmember Taylor asked staff what happens after March 18. City Attorney Whitt Wyatt replied all regulations would revert to state compliance. City Manager Jerry Ducay added one of the things that might happen, is regulation of our use of right-of-way for public utilities, some by franchise utilities, an attempt to deal with wireless technology that was not previously in existence. This ordinance attempts to delay the process of implementation for us while some of the new legislation matures and the regulations that follow are clarified. Councilmember Dodson asked staff if this should be passed so we can move on, since there are no penalties. City Attorney Whitt Wyatt replied he has a package of documents, with those specializing with this bill in his office, and he is of the opinion to recommend amendments as necessary as state legislation flushes out the bill within the next few months. Mayor Newton opened the public hearing at 11:51 p.m. City Council Minutes August 1, 2017 City of Colleyville Page 18 There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:51 p.m. This was a first reading; therefore, City Council did not take any action. 6e Ordinance O-17-2023 Consideration of approval to adopt a design manual relative to network nodes Mayor Newton read the caption of Ordinance O-17-2023. There was no presentation needed on this item. Mayor Newton opened the public hearing at 11:51 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:52 p.m. This was a first reading; therefore, City Council did not take any action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-17-4161 Resolution R-17-4161 - A resolution approving the terms of a license agreement with the Colleyville Community Gardens for the use of McPherson Park for the purpose of establishing a community garden program, and authorizing the city manager to execute the agreement Mayor Newton read Resolution R-17-4161 in its entirety. Mayor Newton explained he has talked with the Colleyville Community Gardens representatives, and he has spoken with the City of North Richland Hills, who currently has a community garden. He stated the garden group is not ready to move forward, pending some questions to be answered. Mayor Newton opened the public hearing at 11:55 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:55 p.m. Mayor Newton made a motion to table Resolution R-17-4161. Councilmember Dodson seconded the motion. The motion to table carried with the following vote: City Council Minutes August 1, 2017 City of Colleyville Page 19 Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen, and Mike Taylor Mayor Newton asked the City Council if they would like to continue the City Council meeting passed midnight. All approved by acclamation. 7b Resolution R-17-4162 Resolution R-17-4162 - Approval of a resolution to replace Resolution R-16-4023 adopting the City Council Rules of Procedure and meeting brochure and establishing an effective date Mayor Newton read Resolution R-17-4162 in its entirety. Mayor Newton presented this item and briefed the City Council. Mayor Newton opened the public hearing at 12:00 a.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 12:00 a.m. Councilmember Coplen made a motion to approve Resolution R-17-4162. Mayor Pro Tem Lindamood seconded the motion. The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 7c Resolution R-17-4163 Resolution R-17-4163 - Approval of a resolution to fill two vacancies on the Water and Wastewater Rate Advisory Committee Mayor Newton read Resolution R-17-4163 in its entirety. Mayor Newton opened the public hearing at 12:01 a.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 12:01 a.m. Councilmember Dodson made a motion to approve Resolution R-17-4163 appointing Claudia Bevill and Anthony Seris to the Water and Wastewater Rate Advisory Committee. Councilmember Nakamura seconded the motion. City Council Minutes August 1, 2017 City of Colleyville Page 20 The motion to approve carried with the following vote: Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen and Mike Taylor 8. DISCUSSION OF ITEMS NOT FOR ACTION AND PUBLIC HEARING 8a Presentation of Road Project Updates Public Works Director Jeremy Hutt presented this item and gave an update on the status of current and planned road projects. Councilmember Wheat asked staff about the length of time the Phase 1 Detour, north of LD Lockett Road is anticipated. Director Hutt replied two to three months. Councilmember Taylor asked staff if they are sure Glade Road, at the intersection of Bransford Road, will be open before the start of school. Director Hutt replied yes. Councilmember Taylor asked staff about the clearing of debris at the house on the corner of Tinker Road and SH26. City Manager Jerry Ducay replied the contractor has been working to clear only the appropriate debris and the neighbors complained because of the clearing of the trees. Mayor Newton asked staff about the status of the Bedford Road retaining wall. Director Hutt replied the contractor is pouring the wall, section by section, and some have been poured and exposed. The expected time for completion is September. Councilmember Taylor asked staff if the wall sections will be connected. Director Hutt replied yes. Councilmember Taylor asked staff if there is any way for the wall to break or give way. Director Hutt replied no, staff does not anticipate any issues with this wall, structurally. Councilmember Taylor asked staff if Taco Casa is looking for another location in Colleyville. Interim Assistant City Manager/Executive Director of Economic Development and Communications replied yes. Councilmember Dodson asked staff about the SH26 project milestones, and if there is a way to post those. SH26 Project Coordinator James Hubbard replied the contractor has not been forthcoming with the calendar. City Council Minutes August 1, 2017 City of Colleyville Page 21 Mayor Newton asked staff why the contractor has not provided the information. Coordinator Hubbard replied he did not know why, but, staff will work with them to get this information. Mayor Newton stated he expects this information. Councilmember Dodson asked about the frequency of the meetings held about the project. Coordinator Hubbard explained the meetings are posted on the web page and through E-News and the monthly economic development report. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Edward Mitchell, 600 John McCain Road, expressed an apology to the City Council during his public hearing in the event he offended anyone. Kathy Hadley, 204 Timberline Drive North, filled out a speaker card to speak, but left before this item came forward. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 1, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-4164 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the City Council meeting at 12:30 a.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF AUGUST 2017. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary