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HomeMy WebLinkAboutCity Council-Minutes-11/05/2019 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, November 5, 2019 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Roundabout Art for McDonwell/Westcoat and John McCain/Westcoat WS-2 Update on Fire Department activity WS-3 Update on Parks projects WS-4 Discussion of the November 5, 2019, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 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 CHAMBER City Council Agenda November 5, 2019 City of Colleyville Page 2 INVOCATION: Pastor Garrison Polsgrove, Compass Christian 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-19-4432 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of the Featured Business of the Month - Benny's Cafe, 4712 Colleyville Boulevard Suite 100, owner Benny Polisi – Councilmember Tammy Nakamura and Assistant City Manager Adrienne Lothery Expression of appreciation to the City Council - Phillip and Luke Webb 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4433 4a Approval of the minutes of the regular City Council meeting of October 15, 2019 4b Approval of the sale of abandoned property 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-19-2100 Presentation and discussion of a zoning change from CC-1 Village Retail to PUD-C Planned Unit Development – Commercial in Tract 2C03, Abstract 206, in the BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC19-012 5b Ordinance O-19-2101 Presentation and discussion of a Special Use Permit for a Fence to extend into the required street side yard on Lot 2, Block 1, of the Hodgkiss Place II Addition, located at 2608 Highland Meadow Drive, Case ZC19-013 5c Ordinance O-19-2102 Presentation and discussion of a zoning change from CC-1 Village Retail to PUD-C Planned Unit Development – Commercial on Lot 1A, Block 1, in the Applebee’s Addition, located at 5150 Colleyville Boulevard, Case ZC19-014 City Council Agenda November 5, 2019 City of Colleyville Page 3 5d Ordinance O-19-2103 Presentation and discussion of a Special Use Permit for a fence to extend into the required street side yard on Lot 20, Block 1, of the Creekside at Colleyville Addition, located at 4708 Latour Lane, Case ZC19-016 6. CITIZEN COMMENTS 7. REPORTS Planning and Zoning Commission - September 10, 2018 Planning and Zoning Commission Worksession - September 24, 2018 Planning and Zoning Commission - September 24, 2018 Planning and Zoning Commission - October 8, 2018 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, NOVEMBER 5, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4434 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 1, 2019, 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, November 5, 2019 Councilmember Tammy Nakamura called the Colleyville City Council Worksession to order on Tuesday, November 5, 2019, at 5:30 p.m. ROLL CALL: Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney ABSENT: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Parks and Recreation Director Lisa Escobedo, Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City Secretary Christine Loven WS-1 Roundabout Art for McDonwell/Westcoat and John McCain/Westcoat Assistant City Manager Adrienne Lothery presented this item and provided art options for the City Council to consider. For the larger roundabout (McDonwell/Westcoat) the City Council agreed upon the mare and foul drinking from a stream, however, the art will give an appearance of a stream without having a running water feature. Manager Lothery will provide a link to a catalog of art for the Council to review before making a selection for the John McCain/Westcoat roundabout. WS-2 Update on Fire Department activity Assistant City Manager Mark Wood presented this item and gave a review of the department’s activities and success under the leadership of Chief Mark Cantrell. Manager Wood stated there has been a significant reduction in fire apparatus response to EMS calls, and a reduction in overall response time, since the department began running a squad vehicle to calls, instead of a fire engine. Manager Wood emphasized the overall response time to EMS calls has been reduced by a minimum of 25 seconds, which is very significant. Manager Wood also highlighted the reclassification of three positions to Field Supervising Officers (FSOs) to enhance EMS oversight and provide training, the increase in training to include critical advanced skills, the addition of a second ambulance, which resulted in a significant reduction in Colleyville residents receiving ambulance services from another City, and the department’s recognition City Council Minutes November 5, 2019 City of Colleyville Page 2 by B.E.S.T EMS and Medical Director Dr. Justin Northeim, for leading the way in fire department based EMS response. The department applied for and received the SAFER Grant which allows for the addition of three new firefighters, effective January 1, 2020, the City’s ISO rating has been reduced from a 4 to a 2, which may allow residents a rate reduction for homeowner’s policies, and the department responded to 31 structure fires. The City Council thanked Chief Cantrell and the department for all their work and diligence. WS-3 Update on Parks projects Parks and Recreation Director Lisa Escobedo presented this item and highlighted the success and accomplishments of the department within the last year. Highlights included: Beautification at several locations within the City which included landscape design, irrigation, planting, and stone wall installation at Cheek-Sparger and SH26, Glade and Pool roundabouts, entry sign at Glade and Heritage, and Liberty Elementary, locations in The Villages, City Hall, and the Webb House. Structural changes and enhancements included the City Park quad area, replacing awning and siding at the Senior Center, light replacements at Pleasant Run soccer practice fields, rehabilitation of the cabin at McPherson Park, sign addition at Colleyville Nature Center, upgraded lightning detectors at Pleasant Run Soccer Complex, scoreboards at City Park on fields 4-9, tennis and basketball court resurfacing, raised backstop fencing at City Park fields 4-7, shade covers and scorer stands at City Park fields 1-9, laser grade of City Park fields 4-6, and installation and stocking of field maintenance boxes at City Park fields 1-9. The City Council thanked Director Escobedo and the department for all their efforts and noted what a difference they make. WS-4 Discussion of the November 5, 2019, City Council regular agenda items There was no discussion of this item. Councilmember Nakamura closed the worksession at 6:25 p.m. Councilmember Nakamura called the Executive Session to order at 6:26 p.m. and called the roll. ROLL CALL: Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney City Council Minutes November 5, 2019 City of Colleyville Page 3 ABSENT: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 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 Councilmember Nakamura 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. She further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:15 p.m. The regular meeting of the Colleyville City Council was called to order by Councilmember Nakamura at 7:30 p.m. ROLL CALL: Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney ABSENT: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood INVOCATION: Pastor Garrison Polsgrove, Compass Christian 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-19-4432 This resolution was not needed. City Council Minutes November 5, 2019 City of Colleyville Page 4 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition The Councilmembers made the following announcements: #ColleyvilleGives is Back for 2019: The popular #ColleyvilleGives program is back for a second year! Letters were sent out to businesses last week; we’ve already received 5 applications and multiple charitable donations. The grant program provides qualifying businesses along the SH26 construction corridor money to spend on advertising. Eligible businesses can apply for up to $1,000 in grant money to put toward an advertising campaign. Businesses who wish to make a $500 donation to an area non-profit will receive an additional $1,000 in grant money. Advertisements must display the hashtag #ColleyvilleGives. Interested businesses can fill out the application form on the City’s website, Colleyville.com. City of Colleyville Staff Food Drive & Department Challenge: Giving Thanks means giving back. Each year, City staff are encouraged to donate food and medicine to support GRACE Grapevine’s efforts to aid area families in need. For this year’s challenge, city departments are collecting items until November 8, 2019. If residents would like to donate please contact your favorite city department for details regarding drop off locations and to obtain a list of requested items. All items are to be collected by noon on November 8, 2019. Community Development Team Recognized by Planning Association: The Texas Chapter of the American Planning Association has selected the City of Colleyville as a recipient of the Richard R. Lillie, FAICP Program for Planning Excellence award. This award is given to municipalities that have demonstrated planning excellence. The association evaluated cities on the level of training of planning commissioners and professional staff, professional qualifications of the planning staff, breadth and currency of master plan components and completion of other planning related projects. City Hall Generator Installation Switchover & Planned Power Outages: The final installation of a new emergency generator for city hall and the library will result in loss of electricity to the Library on Saturday, November 9. The library will be closed that day and reopen normal hours on Tuesday, November 12. Miss Colleyville & Miss Colleyville Teen Named: Recently, Council Members Nakamura and Rigney judged the Miss Colleyville and Miss Colleyville Teen pageants. The winners are Miss Colleyville Mallory Fuller and Miss Teen Colleyville Sadie Schiermeyer. Both will appear at an upcoming council meeting and at various events throughout the year. City Council Minutes November 5, 2019 City of Colleyville Page 5 Upcoming Events: Art on Main: The Art on Main Event has been delayed until spring. The newly constructed Plaza sod and the multiple competing events in the area support rescheduling this event. Tree Lighting: December 6 – 5-8PM; City Plaza City Secretary’s Office is accepting donations of gift cards through Friday, November 8 for the Dallas Independent School District schools which were destroyed during the tornados October 20. The DISD has stated “We have determined that the most efficient way to get support quickly to schools, students, and teachers is to ask the public to consider donating gift cards in $25-$30 increments (e.g. Target, Walmart, Albertsons)”. Any citizen who would like to drop off a gift card may do so at Colleyville City Hall, third floor. The cards will then be taken to DISD on behalf of the citizens of Colleyville. In recognition of the Featured Business of the Month - Benny's Cafe, 4712 Colleyville Boulevard Suite 100, owner Benny Polisi - Assistant City Manager Adrienne Lothery Councilmember Nakamura and Assistant City Manager Adrienne Lothery welcomed Benny Polisi, owner of Benny’s Café and recognized Benny’s as the featured business of the month. Mr. Polisi thanked the Council for the recognition and invited everyone to try Benny’s famous pancakes. Expression of appreciation to the City Council - Phillip and Luke Webb Councilmember Nakamura introduced brothers Phillip and Luke Webb. Luke is the big brother of Phillip, (they are twins, but he is the eldest). Both boys love baseball and play with the Colleyville Baseball Association (CBA). Phillip has Down Syndrome and to help bring awareness to Down Syndrome, Phillip and Luke set up a lemonade stand at Colleyville City Park, by the baseball fields, in late September to raise money for Phillip’s Step Up for Down Syndrome team. Colleyville employees including police and fire stopped by to enjoy the tasty lemonade. Luke told us Step Up for Down Syndrome is a walk that supports the Down Syndrome Partnership of North Texas (DSPNT) and in two hours they raised $1,171 with 100% of the proceeds going to DSPNT. Luke and Phillip thanked the City, coaches, and CBA for their support. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4433 4a Approval of the minutes of the regular City Council meeting of October 15, 2019 City Council Minutes November 5, 2019 City of Colleyville Page 6 4b Approval of the sale of abandoned property Councilmember Nakamura read Resolution R-19-4433 in its entirety. Assistant City Manager Mark Wood presented item 4b. City Council did not have any questions. Councilmember Nakamura opened the public hearing at 7:54 p.m. There was no one wishing to speak and Councilmember Nakamura closed the public hearing at 7:55 p.m. Councilmember Dodson made a motion to approve Resolution R-19-4433 and Councilmember Rigney seconded the motion. The motion to approve carried by the following vote: Ayes: 5 –Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 2 - Mayor Newton, Mayor Pro Tem Lindamood 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-19-2100 Presentation and discussion of a zoning change from CC-1 Village Retail to PUD-C Planned Unit Development – Commercial in Tract 2C03, Abstract 206, in the BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC19-012 Councilmember Nakamura read the caption of Ordinance O-19-2100. Community Development Director Ben Bryner presented this item, noting the PUD would allow the auto and truck rental use which is not allowed in the CC-1 Village Retail. Director Bryner noted Enterprise Car Rental intends to construct a 1,602 square foot facility on the property with a wash bay and 28 parking spaces. He further noted there have been to responses two the notification. Councilmember Nakamura asked applicants Brendon Hollier, Palio Partners and Eric Seles, Enterprise to come forward to answer questions of the City Council. Councilmember Rigney asked what size fleet would be kept on site. Mr. Seles stated he anticipates no more than ten vehicles at a time and explained the home city business model utilized by Enterprise at this location. Mr. Seles also noted Enterprise has been at its current location in Colleyville since 1999. City Council Minutes November 5, 2019 City of Colleyville Page 7 Councilmember Dodson asked if an interconnected parking lot agreement with the adjoining properties has been secured. Mr. Hollier stated they have reached out several times, however, there is no interest and the owner of Red Barn BBQ does not believe such connectivity would be of help to him. City Manager Jerry Ducay asked Mr. Hollier and Mr. Seles if they would be in agreement with providing an easement to the southwest three parking spaces which would allow for interconnectivity in the future. Mr. Hollier agreed and staff was directed to incorporate the change in the ordinance. Councilmember Dodson asked about the drainage. Following discussion, it was determined drainage was not being altered and all details would be worked out during the site plan approval process. Councilmember Dodson asked if the visibility triangle is being met. Director Bryner and City Manager Ducay agreed the visibility triangle will be met. Councilmember Nakamura opened the public hearing at 8:20 p.m. Kathy Handley, 204 Timberline North, stated she was glad the business would not compete with Red Barn but wanted to know if the City will be financially impacted by the business and if it is the best use. There were no others present wishing to speak and Councilmember Nakamura closed the public hearing at 8:22 p.m. Councilmember Nakamura stated the City will benefit from both the property tax and sales tax generated by the business. This was the first reading, therefore, City Council did not take any action. 5b Ordinance O-19-2101 Presentation and discussion of a Special Use Permit for a Fence to extend into the required street side yard on Lot 2, Block 1, of the Hodgkiss Place II Addition, located at 2608 Highland Meadow Drive, Case ZC19-013 Councilmember Nakamura read the caption of Ordinance O-19-2101. Community Development Director Ben Bryner presented this item, noting the applicant is requesting approval of an SUP to allow for an 8 foot cedar fence to be located on the corner street side property line and within the street side yard of the property and the permit was submitted just before the last amendments to the fence regulations. Director Bryner also stated the Planning and Zoning City Council Minutes November 5, 2019 City of Colleyville Page 8 Commission recommended approval with a 5-foot setback requirement from the side street property line, and the applicant is willing to meet this condition. Jake Stone, 2608 Highland Meadow Drive, the applicant, provided photographs of the property and stated the HOA is in agreement with the request. There was general discussion and review of the photographs and need for the fence. Councilmember Nakamura opened the public hearing at 8:41 p.m. There was no one present wishing to speak and Councilmember Nakamura closed the public hearing at 8:41 p.m. This was the first reading, therefore, City Council did not take any action. 5c Ordinance O-19-2102 Presentation and discussion of a zoning change from CC-1 Village Retail to PUD-C Planned Unit Development – Commercial on Lot 1A, Block 1, in the Applebee’s Addition, located at 5150 Colleyville Boulevard, Case ZC19-014 Councilmember Nakamura read the caption of Ordinance O-19-2102. Community Development Director Ben Bryner presented this item, specifically noting the property complies with most of the minimum physical requirements described for the requested PUD-C designation. The variances being sought include: reduction in the 20 foot landscaping buffer required along Colleyville Boulevard down to 10.5 feet; reduction in required parking spaces from 51 to 49; and, in lieu of a low, solid 30 inch wall where parking is adjacent to residential properties a solid landscaping buffer with shrubs 30 inches in height. Director Bryner stated the request fits into a recent trend of commercial development along Colleyville Boulevard. He continued, noting the restaurant with drive-through use has been identified in the Land Development Code as allowed in the CC-2 Shopping Center district and therefore approval of this PUD includes approval of the drive-through restaurant use. Councilmember Wheat asked if there has been any discussion of additional elements for the building, noting she would like to see details added which match our community. City Manager Jerry Ducay stated the solid masonry wall is important and was added for a reason. Councilmember Dodson stated the wall was of concern to him as well. Bryan Burger, 17103 Preston Road, Dallas, the applicant, stated the request for the live screening instead of the masonry wall was due to the parking lot elevation City Council Minutes November 5, 2019 City of Colleyville Page 9 being three feet lower than the street level. If required to place the solid wall, parking space would be lost, but a live screening would allow a two tier planting with double rows. Following discussion, the City Manager and applicant agreed they would work to find a solution regarding the wall and/or live screening prior to the next meeting. There was general discussion regarding lighting and the drive through lane alignment. Councilmember Wheat asked for additional design features in the front of the building, requesting the addition of stone. Councilmember Nakamura opened the public hearing at 9:09 p.m. Dee McNosky, 5108 Pleasant Run Road, spoke in opposition to the item, with concern for the shrubs, the amount of traffic in the drive through lane, the drive through lane alignment, and enforcement of the requirements. Kathy Hadley, 204 Timberline North, spoke in favor of this item. Evan Garcia, 616 Eudaly, spoke in opposition of this item as it is not consistent with the use, and stated concerns for the high traffic and the tightness of the site. There were no others present wishing to speak and Councilmember Nakamura closed the public hearing at 9:19 p.m. Councilmember Nakamura summarized the items to be addressed before the next meeting: solid wall or landscape, adding stone to the building front, and landscaping. This was a first reading, therefore, City Council did not take any action. 5d Ordinance O-19-2103 Presentation and discussion of a Special Use Permit for a fence to extend into the required street side yard on Lot 20, Block 1, of the Creekside at Colleyville Addition, located at 4708 Latour Lane, Case ZC19-016 Councilmember Nakamura read the caption of Ordinance O-19-2103. Community Development Director Ben Bryner presented this item and gave a review of the Land Development Code requirements. Doyle Miller, 4708 Latour Lane, the applicant, provided photographs of the side yard and asked to be allowed to keep the fence with gate on the wall in the back of the home. City Council Minutes November 5, 2019 City of Colleyville Page 10 There was general discussion regarding the request, the circumstance, and the safety of the wall. City Council agreed the request is necessary and straight- forward. Councilmember Nakamura opened the public hearing at 9:39 p.m. There was no one present wishing to speak and Councilmember Nakamura closed the public hearing at 9:39 p.m. This was the first reading, therefore, City Council did not take any action. 6. CITIZEN COMMENTS Kathy Hadley, 204 Timberline North, expressed her concern for the speed in the roundabouts, requested consideration of lighting the trees in the medians on SH26 and adding bird baths for beauty. Mrs. Hadley also thanked the City and TxDOT for the directional signs on Glade Road and SH26. 7. REPORTS Planning and Zoning Commission - September 10, 2018 Planning and Zoning Commission Worksession - September 24, 2018 Planning and Zoning Commission - September 24, 2018 Planning and Zoning Commission - October 8, 2018 There was no discussion of this item. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, NOVEMBER 5, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4434 This item was not needed. 9. ADJOURNMENT There being no further business before the City Council, Councilmember Nakamura adjourned the meeting without objection by the City Council at 9:46 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 19TH DAY OF NOVEMBER 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary