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HomeMy WebLinkAboutCity Council-Minutes-11/19/2019 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 19, 2019 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Pedestrian Transportation Ad-Hoc Committee recommendations presentation WS-2 Discussion of Stars and Guitars performers WS-3 Discussion of the Fort Worth Symphony Orchestra ticket distribution WS-4 Update on Salvation Army Mayoral Red Kettle Challenge WS-5 Coordination of City Council participation in the Grapevine Parade of Lights WS-6 Discussion of the November 19, 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 City Council Agenda November 19, 2019 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: 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-19-4435 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting - Mayor Richard Newton, Assistant City Manager Mark Wood, Chief Financial Officer Kyle Lester, and Finance Manager Karen Hines In recognition of the Featured Business of the Month - My Lan Vietnamese Kitchen, 5307 Colleyville Boulevard Suite 120, Lan Trinh, Co- Owner - Mayor Richard Newton and Assistant City Manager Adrienne Lothery 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4436 4a Approval of the minutes of the regular City Council meeting of November 5, 2019 4b Approval of a construction contract with A&M Construction, for the Bransford Road Elevated Storage Tank Site Rehabilitation and McPherson Elevated Storage Tank Interior Coating, in an amount not to exceed $1,674,410.00, and authorizing the City Manager to execute the contract 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report for October of FY20 City Council Agenda November 19, 2019 City of Colleyville Page 3 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 6b 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 6c 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 6d 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-19-4437 Authorizing the application and receipt of a grant for disaster debris management through the Texas Commission on Environmental Quality (TCEQ) and North Central Texas Council of Governments (NCTCOG), for the cities of Bedford, Colleyville, Euless, Grapevine, and Hurst 7b Resolution R-19-4438 Consideration of appointments to the Library Board and amending the appointment terms to November 7c Resolution R-19-4439 Extending the term of members of the Metroport Teen Court Advisory Board and amending the Appointment terms to November for two years 7d Resolution R-19-4440 Consideration of appointments to the Planning and Zoning Commission and amending the appointment terms to November City Council Agenda November 19, 2019 City of Colleyville Page 4 7e Resolution R-19-4441 Consideration of appointments to the Zoning Board of Adjustment and amending the appointment terms to November 8. CITIZEN COMMENTS 9. REPORTS October 22, 2018 Planning and Zoning Commission Minutes October 22, 2018 Planning and Zoning Commission Worksession Minutes November 13, 2018 Planning and Zoning Commission Minutes November 26, 2018 Planning and Zoning Commission Worksession Minutes 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, NOVEMBER 19, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4442 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 15, 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 19, 2019 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, November 19, 2019, at 5:30 p.m. ROLL CALL: Mayor Richard Newton and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: 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 Att orney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Pedestrian Transportation Ad-Hoc Committee recommendations presentation Assistant City Manager Adrienne Lothery highlighted the Pedestrian Transportation Ad Hoc Committee charge and their meeting schedule. She then introduced Rich Hendler, Chair, who introduced the committee members who were present: David Dudziak, Larry Williamson, Eric Presson, Donn Hethcock, and noted members Cliff LeBlanc and Jennifer Johnson could not be present. Mr. Hendler thanked City staff Adrienne Lothery, Lisa Escobedo, Ray Silva-Reyes, Christine Loven, and Eddie Tangadunrat for their professionalism and assistance. Vice Chair David Dudziak then reviewed the work and recommendations of the committee. The committee presented maps with their recommendations for sidewalks, trails, and bike routes to provide pedestrian transportation within the City and interconnectivity to other cities. In developing the recommendations, the Committee established Bransford, Glade, Jackson, LD Lockett, and Bedford Roads as the key areas to be reviewed for pedestrian safety. School access priorities included connectivity through adjoining neighborhoods to include: OC Taylor Elementary – from Arbor Trail Glen Hope Elementary – from Ross Downs / Huntington Meadows Colleyville Middle / Elementary – from Hardage Estates Liberty Elementary – from Cimmaron Trail City Council Minutes November 19, 2019 City of Colleyville Page 2 The committee recommended connectivity to trail systems in adjoining cities and the creation of “The Colleyville Loop”, which provide s pedestrian transportation around the City. To assist the public in understanding and locating pedestrian routes, the committee also recommended consistent signage for all pedestrian and bike routes, an “Adopt a Trail” program, and to pursue potential designations as bike friendly or pedestrian friendly community. The City Council thanked the committee for their excellent work and will take all of the recommendations into consideration and the 2019 Sidewalks and Trails Map will be the official map used and attached to the Sidewalk Policy. WS-2 Discussion of Stars and Guitars performers Community Relations Specialist Erin Spicer presented a chart of potential entertainers, genres, and costs for performers for the Stars and Guitars event to be conducted in June 2020. There was general discussion regarding funding from the Hotel Occupancy Tax funds and riders to the entertainers contracts. The City Council agreed the genre should be country music and directed staff to move forward with planning details and provide a follow-up report to City Council as appropriate. WS-3 Discussion of the Fort Worth Symphony Orchestra ticket distribution Community Relations Specialist Erin Spicer provided a seating chart for the Colleyville Heritage High School Theatre seating plan, noting there were 788 seats, eight of which are wheelchair accessible, and 100 which have been set aside for students and VIPS. Specialist Spicer stated the City wants to release 1,200 printed tickets for the event, with Colleyville residents being the first priority. She further noted tickets will be ordered via email, and available for pickup at City Hall and the Library, so reminders could be sent. She further stated ushers will be utilized and the CHHS Cafeteria will simulcast and host overflow seating. There was general discussion regarding parking and marketing. WS-4 Update on Salvation Army Mayoral Red Kettle Challenge Community Relations Specialist Erin Spicer stated Mayor Newton committed Colleyville to participating in the Salvation Army Mayoral Red Kettle Challenge on December 14, 2019, and needs assistance with bell ringers from City Council, local civic organizations, and staff. There will also be a link that will be published that will allow people to contribute on line. Mayor Newton noted Mansfield won the challenge last year and he would like to win this year. Anyone wanting to volunteer should contact Erin Spicer. City Council Minutes November 19, 2019 City of Colleyville Page 3 WS-5 Coordination of City Council participation in the Grapevine Parade of Lights Mayor Newton asked the City Council to advise who is participating in the Grapevine Parade of Lights on December 5. City Secretary Christine Loven will advise the parade coordinator. WS-6 Discussion of the November 19, 2019, City Council regular agenda items Mayor Newton stated he had reviewed all of the applications for appointment on the agenda and made recommendations, noting discussion would occur in the City Council meeting. Mayor Newton adjourned the worksession at 6:32 p.m. Mayor Newton opened Executive Session at 6:33 p.m. and called the roll. ROLL CALL: Mayor Richard Newton and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: 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 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 City Council Minutes November 19, 2019 City of Colleyville Page 4 further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:26 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:34 p.m. ROLL CALL: Mayor Richard Newton and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Pro Tem Bobby Lindamood Mayor Newton stated Mayor Pro Tem Lindamood could not attend this evening as he was released from the hospital earlier in the day because he had a reaction to a change in medication and asked he be kept in prayer. Mayor Newton thanked Councilmember Tammy Nakamura for presiding over the November 5, 2019 City Council meeting and doing a fantastic job. INVOCATION: Mayor Richard Newton 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-19-4435 Mayor Newton read Resolution R-19-4435 in its entirety. Assistant City Manager Adrienne Lothery stated the first item in the resolution is the first Support for Adequate Fire and Emergency Response (SAFER) grant incentive agreement offered by the City and if approved will be granted to Eagle Colleyville Towne Square LP, for fire suppression improvements to the building located at 5604 Colleyville Boulevard. The second is an economic development grant for building improvements to Texas Oral Surgery and is part of the City’s ongoing effort to assist with beautification along the SH26 corridor. Mayor Newton opened the public hearing at 7:46 p.m. There was no one wishing to speak, and Mayor Newton closed the public hearing at 7:46 p.m. Councilmember Dodson made a motion to approve Resolution R-19-4435, and Councilmember Kelley seconded the motion. City Council Minutes November 19, 2019 City of Colleyville Page 5 The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 1 - Mayor Pro Tem Lindamood 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition The Mayor and Councilmembers made the following announcements: Mayor Newton discussed the Year in Review/State of City/Flower Mound Presentation providing the following information: On behalf of the City Council and staff, he prepared and sent a year in review letter to all citizens and has decided to make this an annual tradition. This is one way to report to all citizens what has been accomplished in the last fiscal year and one of the things that we (the City) can do to live up to our commitment to transparency. This letter is being delivered in your monthly water bill so some have received it and others will get it at the end of this month. The Mayor stated the article is long, but encouraged all to read it. The state of the City has been scheduled for Thursday, February 6th. The Mayor will present first at the Chamber of Commerce luncheon at noon, and that evening to the general public. Both of these will be at the Colleyville Center. He encouraged all to participate and said he is proud of Colleyville and what the City has been able to accomplish. Mayor Newton spoke to the Flower Mound Republican Club this past week. A Flower Mound City Councilman is president. They have heard of Colleyville’s conservative financial success and wanted the Mayor to tell them about it and how we have achieved it. Mayor Newton and Councilmember Wheat attended the Global Entrepreneur Week luncheon on Tuesday. Dr. Michael Williamson spoke (president of UNTHSC – grew up in Colleyville) and we met several other Colleyville residents that were active in entrepreneurship. We expect to be opening Colleyville’s Business Center next spring which relates to this. Christmas Tree Lighting Ceremony One of Colleyville’s favorite traditions, the Christmas Tree Lighting Ceremony, is scheduled for Friday, December 6 from 5 – 8 pm at City Hall and the brand new Plaza. Be there to light the two-story Christmas tree. Many of the activities that City Council Minutes November 19, 2019 City of Colleyville Page 6 make this a Colleyville family tradition return, including choral performances from local schools, photos with Santa, live reindeer, crafts, games, and more. Holiday fare and beverages will also be on sale. Citizen Survey The 2019 Citizen Survey wrapped up last weekend with a total of 1,312 participating in the survey. All questions were optional and about 950 answered all questions. The survey administrator is working on the final results report, which will include comparing data to prior year responses (on the standard question section). A presentation and discussion with the City Council is planned for the December 17 work session. Thank you to all who took time to answer the survey! This is a critical tool that we use to get feedback from the community on many topics including how we are doing from our bosses’ perspective – that is you, the citizens. Plaza Ribbon Cutting A ribbon cutting ceremony has been scheduled for the Plaza prior to the December 3 City Council meeting. The ribbon cutting will take place at 5:00 p.m. in the Plaza, with the City Council work session to follow at 5:30 p.m. We look forward to celebrating this new community asset with everyone! Christmas Volunteer Opportunities Santa Helper Toy Drive: This event collects toys for needy children and culminates with a delivery event at Heritage High School on December 4. The City is collecting toys at City Hall, Library, Justice Center, and the Senior Center. Mayor’s Red Kettle Challenge: The Salvation Army has issued a challenge to DFW Mayors – assemble a group of volunteers to ring the bell and fill the kettle on December 14. Those wishing to volunteer can do so at one of three locations that day (Walmart, Market Street, or Albertsons) from 10 am to 7pm. Please contact Erin Spicer if you would like to volunteer. Employee In-Service Day City employees held an in-service day last Monday on Veteran’s Day. The day provided an opportunity for employees to participate in departmental team building activities, take the DiSC personality test and learn how that relates to each other as an organization, as well as recognize tenured employees and those that received special recognition for outstanding work over the last year. Employees participated in a friendly contest to see which department could collect the most items for the GRACE food pantry. A total of 1,592 items were collected (up from 454 from last year!). The winning department was Finance. Sales Tax Update The Texas Comptroller’s Office has posted the most recent sales tax allocation information for November, representing all receipts from purchases made in September of this year. This period is the last month of fiscal year 2019. FY19 City Council Minutes November 19, 2019 City of Colleyville Page 7 collections continue to fluctuate, but we’re ending on a high note. September’s receipts represent a 4.8% increase over the same month last year. This brings our final fiscal YTD receipts to 0.2% lower than FY18, with 6 months of increased collections and 6 months of decreased collections from the previous year. Total collections outpaced our FY19 budget by around 0.5% across-the-board. Special Saturday Collections for Leaf Recycling Special leaf and tree recycling collection will return again soon. CWD will run special collection routes to recycle bagged leaves starting in December. The special collection days are Saturday, Dec. 7, Dec. 14, Jan. 4, and Jan. 11. CWD will also collect and recycle Christmas trees on those special collection days in January. Residents are asked not to enclose the tree in a plastic sack or bag and to remove all tinsel, stands, and tree decorations. The collections begin a t 10 a.m. to allow additional time for residents to rake and bag leaves and place the bags at their curb. Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting - Mayor Richard Newton, Assistant City Manager Mark Wood, Finance Director Kyle Lester, and Finance Manager Karen Hines Mayor Newton, Assistant City Manager Mark Wood and Finance Director Kyle Lester accepted the GFOA Certificate of Achievement for Excellence in Financial Reporting and noted the City has received this award for 20 plus consecutive years. In recognition of the Featured Business of the Month - My Lan Vietnamese Kitchen, 5307 Colleyville Boulevard Suite 120, Lan Trinh, Co -Owner - Mayor Richard Newton and Assistant City Manager Adrienne Lothery Lan Trinh, Co-Owner of My Lan Vietnamese Kitchen thanked Mayor Newton for the recognition of being the featured Business of the Month. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4436 4a Approval of the minutes of the regular City Council meeting of November 5, 2019 4b Approval of a construction contract with A&M Construction, for the Bransford Road Elevated Storage Tank Site Rehabilitation and McPherson Elevated Storage Tank Interior Coating, in an amount not to exceed $1,674,410.00, and authorizing the City Manager to execute the contract Mayor Newton read Resolution R-19-4436 in its entirety. City Council Minutes November 19, 2019 City of Colleyville Page 8 Public Works Director Ray Silva-Reyes presented item 4b and answered questions of the City Council. Mayor Newton asked staff what the project timeline would be and Councilmember Dodson asked if there were safety enhancements incorporated with the rehabilitation. Director Silva-Reyes stated the project can begin in December and the rehabilitation will provide for updated OSHA standards, security fencing, and cameras. Councilmember Nakamura stated until reviewing the criteria, she was not educated on what it takes to complete a project like this. City Manager Jerry Ducay asked staff if there is a contingency plan for the provision of water during the rehabilitations and if shrouding would be used. Director Silva-Reyes stated there is an established contingency plan, but he does not believe it will be necessary and advised shrouding would be used on the tanks to contain dust and paint. Mayor Newton opened the public hearing at 8:17 p.m. Kathy Hadley, 204 Timberline Drive North, stated she had concerns regarding toxicity until hearing the presentation and thanked Director Silva-Reyes for the explanation. There were no others wishing to speak, and Mayor Newton closed the public hearing at 8:19 p.m. Councilmember Wheat made a motion to approve Resolution R-19-4436, and Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 1 - Mayor Pro Tem Lindamood 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report for October of FY20 Finance Director Lester began the presentation by noting the year-end surplus in all accounts appears to be $2.5 million. He noted the auditors are on site and pending their review, he will give a more comprehensive report in December. City Council Minutes November 19, 2019 City of Colleyville Page 9 Director Lester reviewed all funds, noted the non-operations part of the Utility Fund was closer to budget than last year (which was considerably below budget) due to higher water consumption this year. He also stated at the end of the year it appears revenues are up 5% and expenses are down between 5-6% (including operations expenses) which allowed the operations rates to be lowered again this year. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 Mayor Newton read the caption of Ordinance O-19-2100. Community Development Director Ben Bryner presented this item, noting there had been no changes from the first reading and this 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 stated Enterprise worked with staff on the building facade to meet Colleyville design expectations. Director Bryner stated a preliminary drainage plan shows all drainage to the back of property, and the ordinance stipulates there will be no box trucks, trailers, boats, or commercial vehicles rented from this location. He further noted there have been no responses to the public notifications. Mayor Newton asked staff about landscaping. Director Bryner replied there are shrubs at the drive approach and the landscape plan was included in the packet, however, Enterprise will be required to meet the standards in Chapter 4 of the Land Development Code. Councilmember Wheat asked if additional vegetation could be added at the front of the building and Councilmember Rigney asked if there was going to be parking lot interconnectivity from the Red Barn development. Director Bryner stated the PUD notes the first three spaces will be reserved for the interconnectivity if the Red Barn site develops in the future. Mayor Newton asked applicants Brendon Hollier, Palio Partners and Eric Seles, Enterprise, to come forward to answer questions of the City Council. Mayor Newton asked Mr. Seles how many parking spaces there were, how many employees they will have, and how many fleet vehicles will be on site. City Council Minutes November 19, 2019 City of Colleyville Page 10 Mr. Seles responded he had explained the model at the previous meeting and he feels comfortable with estimating ten Enterprise vehicles on site at one time. He stated the current staffing plan is three to five full time employees and two to four part time employees. Mayor Newton explained he wants to ensure there is enough parking for customers and would like to write into the ordinance there could be no more than ten Enterprise vehicles on the lot at one time. Mr. Seles explained many customers are picked up from another location and do not bring their own vehicles to the lot. Mr. Seles stated he was okay writing ten vehicles into the ordinance, but was a bit concerned and asked what would happen if 12 cars came back in one night, would someone be counting and fine them. Mayor Newton stated there would not be a problem with the scenario Mr. Seles explained, but his experience is that it must be written in so when there is a turn- over in staff, the rules are still known and abided by. Mr. Seles responded if there is some flexibility as he described, he was fine with the limit of ten. Mayor Newton asked what the parking space dimensions were. Mr. Hollier responded he believed they were the company standard 10 by 20. Director Bryner stated the site exhibit indicates the spaces are 9 by 18, which meets the Land Development Code. Mr. Hollier asked Mayor Newton if the parking spaces needed to be adjusted and noted it would change the number of spaces. Mayor Newton stated he was fine with the 9 x 18. Mayor Newton stated he wants to restrict the vehicle rentals to passenger cars, light duty pick-up trucks, and SUVs, no box trucks or commercial vehicles. Mr. Seles stated Enterprise has a commercial unit and it will not be located at this site. Mayor Newton responded no commercial vehicles will be written into the ordinance as well. Mr. Hollier asked if he could address Councilmember Wheat’s request for additional landscaping. He stated Enterprise had worked with staff to meet design standards and added wainscot to the front of the building, their preference would be not to hide it, but they will add some additional vegetation. City Manager Jerry Ducay stated there will be four conditions to the ordinance: 1. There will be a cross access easement, and it’s a condition of the PUD Ordinance on the southwest corner of the lot represented by the three western parking spaces on the preliminary site plan. 2. There is a limitation of no more than ten City Council Minutes November 19, 2019 City of Colleyville Page 11 “Enterprise cars”, which is their vehicles used for the purpose of rental. 3. The inventory will be limited to cars, SUVs, and light duty pickup trucks only. No large box trucks, diesel, or heavy duty pickup trucks. 4. Additional landscape material will be added to the SH26 and Old Glade frontage, as approved by staff. Mayor Newton asked City Council to include the statements in making a motion. Mayor Newton opened the public hearing at 8:51 p.m. Kathy Handley, 204 Timberline Drive North, stated she feels the City and Enterprise have ,done a good job. There were no others present wishing to speak and Councilmember Nakamura closed the public hearing at 8:52 p.m. Councilmember Wheat made a motion to approve Ordinance O-19-2100 with amendments as stated by the City Manager, and Councilmember Rigney seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 1 - Mayor Pro Tem Lindamood 6b 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 Colleyv ille Boulevard, Case ZC19-014 Mayor Newton 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. He stated the Planning and Zoning Commission suggested the drive on Pleasant Run Road should align with the entrance to the bank, but noted there is a conflict with the closeness to Colleyville Boulevard and Pleasant Run Road. Staff therefore recommends the original plan, without this alignment. Director Bryner stated the exhibits have been updated to show the stone on the front façade and photos of the stone to be used, as requested by City Council at the previous meeting. Director Bryner recapped the variances being sought and stated the request fits into a recent trend of commercial development along City Council Minutes November 19, 2019 City of Colleyville Page 12 Colleyville Boulevard, 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. Councilmembers Nakamura and Wheat stated the front façade is better, but is not quite there yet and asked if there could be additional improvement. Mayor Newton asked Bryce Nichols, Mayse and Associates, 14881 Quorum Drive, Suite 800, Dallas, to come forward. Mayor Newton stated the Council’s words are excellence and quality, and with this in mind, what is the most outstandin g Chick- fil-A building in the country. Mr. Nichols stated he would say a restaurant in El Paso which has a combination of cement block, bricks, adobe, and stone. Councilmembers and staff reviewed other Chick-fil-A locations via internet and asked Mr. Nichols if the architecture on the Colleyville restaurant could be updated. City Manager Jerry Ducay suggested changing the vertical elements, which would not change the interior or add to the footprint. Councilmember Wheat stated the City is building beautiful towers at the gateways and intersection of Main Street and SH26, and asked if the design could compliment the towers. Mr. Nichols responded they could visit the site in daylight and designers could work with staff on the colors, towers, and building elements of brick and stone. Manager Ducay asked if hand sketches could be provided to show texture and requested lighting be added to the building. Mr. Nichols responded he cannot provide hand sketches, but he will provide higher density elevations which will provide a better rendering of textures. Councilmember Dodson asked if the drive-through narrows at the back of the building. Director Bryner stated yes, the two lanes merge into one. Mayor Newton asked Bryan Burger, 17103 Preston Road, Dallas, the applicant, to come forward. Mayor Newton asked Mr. Burger what the capacity of the drive- through is. Mr. Burger responded the drive-through capacity is 27 cars and stated during peak times, food runners and team members to direct traffic, and take orders, are utilized, making the drive-through one lane exit a smooth transition. Councilmember Dodson stated there is a significant issue on the west side, being the lights from cars, and noted City Council wanted a wall and Chick -fil-A wants live screening. City Council Minutes November 19, 2019 City of Colleyville Page 13 Director Bryner stated the live screening works because of the distance from the drive-through lane to the street and because the drive-through lane is below street level. There was general discussion regarding lighting and the drive-through lane alignment. Mayor Newton opened the public hearing at 9:27 p.m. Steven Groffman, 815 Central Drive, spoke in opposition to this item with concerns for traffic, ingress and egress, and safety of Pleasant Run Road. Clint Young, 811 Central Drive, spoke in opposition to this item with concerns for traffic, and requested traffic studies be undertaken. Dee McNosky, 5108 Pleasant Run Road, spoke in opposition to the item with concern for the traffic, egress and enforcement of the requirements. Anthony McNosky, 5108 Pleasant Run Road, spoke in opposition to the item with concerns for traffic and a blind curve on Pleasant Run Road. 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. Donald Frusher, 35 Piazza Lane, spoke in opposition of this item with concern for noise and requested a higher wall to mitigate the noise. Marlene Lala, 816 Central Drive, did not wish to speak, but asked her opposition to this item be recorded. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:53 p.m. Mayor Newton asked Mr. Burger what hours the Chick-fil-A is open and if he wishes to respond to the traffic concerns. Mr. Burger responded Monday through Thursday 6:30 a.m.-10:00 p.m.; Friday and Saturday 6:30 a.m.–11:00 p.m. Mr. Burger stated the traffic to the restaurant will be heavy because we are tying into a six lane highway and Pleasant Run Road is a collector road. There was general discussion regarding traffic flow at area Chick-fil-A restaurants. Councilmember Rigney asked Mr. Burger to address the curve on Pleasant Run Road, lights, and noise. Mr. Burger explained the traffic flow and how the removal of trees will eliminate the blind curve. City Council Minutes November 19, 2019 City of Colleyville Page 14 Mayor Newton asked if there were any other questions and noted the discussion has been good, but he feels the item should be tabled to allow for the design changes to be made. The applicant indicated they were okay with tabling to December 3rd. Councilmember Nakamura made a motion to table Ordinance O-19-2102 with a request for the design improvements to be brought at the December 3, 2019, meeting, and Councilmember Rigney seconded the motion. The motion to table carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 1 - Mayor Pro Tem Lindamood Mayor Newton recessed the meeting at 10:06 and reconvened at 10:16 p.m. 6c 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 Mayor Newton read the caption of Ordinance O-19-2101. Mayor Newton asked Director Bryner why this is s pecial use. Director Bryner responded this was due to a recent modification in the Land Development Code, and with the fence regulations, if it does not meet those regulations, it goes to the SUP process. Community Development Director Ben Bryner presented this item, stating 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 Commission recommended approval with a 5-foot setback requirement from the side street property line, and the applicant is willing to meet this condition. Mayor Newton stated he believes the Planning and Zoning Commission and the City Council, as an elected body, must have a particular thought process for items such as these. He went on to ask the City Manager to state what the ordinance says. Mayor Newton then noted the intent of the ordinance is to ensure a side yard setback from a corner lot does not impact neighbors by having a fence in City Council Minutes November 19, 2019 City of Colleyville Page 15 their front yard. He noted this case is somewhat unique because there is a larger lot to the back of this property. Mayor Newton continued to outline the ordinance and stated there is a reason for the conditions of an ordinance, we, the City Council, recently rewrote the ordinance, to ensure quality, excellence, and clarity. Mayor Newton continued saying, my question then, is it reasonable or rational to allow a change. There was discussion regarding the thought process of the Planning and Zoning Commission considering sight distance only and not the other conditions of the ordinance. There was discussion regarding the location of the 30 foot setback, right-of-ways, and the location of the adjacent lots. Mayor Newton asked Todd Stone, applicant’s father, who is representing his son as he was called out of town, to come forward. Mr. Stone stated he understood the overall reasoning of the ordinance and this request is simply to try and match the neighborhood. Mayor Newton stated the applicant proposes a solid wood fence which does not compliment the wrought iron fence on the neighbor’s property or the neighboring subdivision masonry wall. Mr. Stone stated the Land Development Code does not designate the type of fence, only the setback and it is the setback which they are seeking approval for. At the request of the Mayor, Director Bryner reviewed changes to the fence regulations over the last year and a half. Councilmember Rigney stated she is familiar with the property and she would be okay with a combination of a privacy fence in the back and wrought iron to the front, and does not like the lack of alignment and consistency as it currently stands. There was further discussion regarding alignment. Mayor Newton opened the public hearing at 10:47 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:47 p.m. Councilmember Wheat stated in this case, she would recommend an iron fence with greenery and some allowance for placement of the fence to provide aesthetics to the neighborhood. There was further discussion regarding placement, with Mr. Stone moving to the dais to review a map offered by Mayor Newton. City Council Minutes November 19, 2019 City of Colleyville Page 16 Mayor Newton stated if a wrought iron fence with greenery was agreed to, he would be willing to give on the setback. Without a wrought iron fence, he was not willing to compromise, but he is only one vote. There was further discussion regarding fence type in the neighborhood and location. Mayor Newton said to Mr. Stone, from discussion with City Council, if they will agree to a wrought iron fence, with greenery, the Council will al low the variance to the setback, or they were free to build a wooden fence at the 30’ set back line. Mayor Newton asked what Mr. Stone’s preference was. After further discussion with his son via telephone, Mr. Stone said his son would like additional time to make the decision. Mayor Newton recommended the Council make a motion to table until December 3rd. Councilmember Wheat made a motion to table Ordinance O-19-2101 and Councilmember Dodson seconded the motion. The motion to table carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 1 - Mayor Pro Tem Lindamood 6d 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 Mayor Newton 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, noting nothing has changed since the first reading. 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 bac k of the home. Mayor Newton said that since this yard had a 6’ retaining wall, the sidewalk would require a railing for safety, and a metal decorative fence made sense because it could serve as a railing. City Council agreed the request is necessary. Mayor Newton opened the public hearing at 11:13 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:14 p.m. City Council Minutes November 19, 2019 City of Colleyville Page 17 Councilmember Dodson made a motion to approve Ordinance O-19-2103 and Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 1 - Mayor Pro Tem Lindamood 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-19-4437 Authorizing the application and receipt of a grant for disaster debris management through the Texas Commission on Environmental Quality (TCEQ) and North Central Texas Council of Governments (NCTCOG), for the cities of Bedford, Colleyville, Euless, Grapevine, and Hurst Mayor Newton read Resolution R-19-4437 in its entirety. Fire Chief Mark Cantrell presented this item and advised the City Council each participating City must pass the proposed resolution in order to apply and accept the grant. Chief Cantrell stated the grant allows the City to proactively prepare for clean-up following a severe weather event. Mayor Newton opened the public hearing at 11:21 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:21 p.m. Councilmember Nakamura made a motion to approve Resolution R-19- 4437, and Councilmember Kelley seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney ABSENT: 1 – Mayor Pro Tem Lindamood 7b Resolution R-19-4438 Consideration of appointments to the Library Board and amending the appointment terms to November Mayor Newton read Resolution R-19-4438 in its entirety. City Council Minutes November 19, 2019 City of Colleyville Page 18 Mayor Newton opened the public hearing at 11:24 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:24 p.m. Councilmember Dodson made a motion to approve Resolution R-19-4438, appointing Kay Newton-Place 1, Pat Jones-Place 3, Cecelia Sublette-Place 5, and John Roberts-Alternate 1 and Councilmember Wheat seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney ABSENT: 1 – Mayor Pro Tem Lindamood 7c Resolution R-19-4439 Extending the term of members of the Metroport Teen Court Advisory Board and amending the Appointment terms to November for two years Mayor Newton read Resolution R-19-4439 in its entirety. Mayor Newton stated this resolution will provide for Colleyville to be consistent with the terms of other participating cities. Mayor Newton opened the public hearing at 11:26 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:26 p.m. Councilmember Kelley made a motion to approve Resolution R-19-4439, and Councilmember Rigney seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney ABSENT: 1 – Mayor Pro Tem Lindamood 7d Resolution R-19-4440 Consideration of appointments to the Planning and Zoning Commission and amending the appointment terms to November Mayor Newton read Resolution R-19-4440 in its entirety. City Council Minutes November 19, 2019 City of Colleyville Page 19 Mayor Newton opened the public hearing at 11:28 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:28 p.m. Councilmember Rigney made a motion to approve Resolution R -19-4440, appointing Matt Koch-Place 5, Claudia Bevill-Place 6, and George Bond- Place 7, and Councilmember Dodson seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney ABSENT: 1 – Mayor Pro Tem Lindamood 7e Resolution R-19-4441 Consideration of appointments to the Zoning Board of Adjustment and amending the appointment terms to November Mayor Newton read Resolution R-19-4441 in its entirety. Mayor Newton opened the public hearing at 11:30 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:30 p.m. Councilmember Dodson made a motion to approve Resolution R-19-4441, appointing Frank Carroll-Place 4, Mic Deakin-Place 5, and Taylor Anderson-Alternate 1 and Councilmember Kelley seconded the motion. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney ABSENT: 1 – Mayor Pro Tem Lindamood 8. CITIZEN COMMENTS There was no one present wishing to speak. 9. REPORTS October 22, 2018 Planning and Zoning Commission Minutes October 22, 2018 Planning and Zoning Commission Worksession Minutes November 13, 2018 Planning and Zoning Commission Minutes November 26, 2018 Planning and Zoning Commission Worksession Minutes There was no discussion of this item. City Council Minutes November 19, 2019 City of Colleyville Page 20 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, NOVEMBER 19, 2019 - READING AND PUBLIC HEARING - RESOLUTION R- 19-4442 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 11:33 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 3RD DAY OF DECEMBER 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary