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HomeMy WebLinkAboutCity Council-Minutes-12/03/2019 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, December 3, 2019 5:00 PM – RIBBON CUTTING OPENING CITY HALL PLAZA WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of Heroes Park improvements WS-2 Discussion of Accessory Dwelling Units and Accessory Residential Structures WS-3 Discussion of 2020 City Council Meeting Dates WS-4 Discussion of the December 3, 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 December 3, 2019 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Martin Richardson, Crown of Life 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-19-4443 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 Life Saving Award to the Colleyville Fire Department by CareFlite - Fire Chief Mark Cantrell and Mayor Richard Newton 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4444 4a Approval of the minutes of the regular City Council meeting of November 19, 2019 4b Approval of a construction contract with Garrett Demolition, Inc., for the Overland Trail 1.2 Million Gallon Water Ground Storage (Welded Steel Coated) Site Demolition, in an amount not to exceed $148,232.30 and authorizing the City Manager to execute the contract 4c Approval of an amendment to the Professional Services Agreement with Dunaway Associates, L.P., to include professional construction services to the original contract for the Bransford Road and McPherson Elevated Storage Tank Site Rehabilitation, and Overland Trail Ground Storage Tank Site Demolition Project, in an amount not to exceed $35,010, and authorizing the City Manager to execute the amendment 4d Approval of a contract with Smith Lawn and Tree for the Tree Trimming Contract, in an amount not to exceed $75,000, and authorizing the City Manager to execute the contract 4e Approval of a Pavement Marking contract with TRP Construction Group, LLC, for the Pavement Marking project, in an amount not to exceed $100,000, and authorizing the City Manager to execute the contract City Council Agenda December 3, 2019 City of Colleyville Page 3 4f Consider and adopt the City of Colleyville Investment Policy, as required by the Texas Public Funds Investment Act 4g Consider and adopt the City of Colleyville's broker/dealer list, as required by the Texas Public Funds Investment Act 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-19-2104 Consideration of a Special Use Permit for an accessory building to exceed the 4% lot coverage allowance on Lot 18, Block 2, of the Woodbriar Addition, located at 3405 Cliffwood Drive, Case ZC19-008 5b Ordinance O-19-2105 Consideration of a Special Use Permit for an accessory dwelling on Tracts 3K & 3Y, Abstract 211, in the BBB & C RY Survey, located at 509 W LD Lockett Road, Case ZC19-017 5c Ordinance O-19-2106 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority 6. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 6a 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 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-19-4445 A resolution approving an economic development grant agreement to Chick-fil-A, in the amount of $100,000, and authorizing the City Manager to execute the agreement City Council Agenda December 3, 2019 City of Colleyville Page 4 7b Resolution R-19-4446 A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors 7c Resolution R-19-4447 Approval of the Final Report of the Pedestrian Transportation Ad Hoc Committee and adoption of the 2019 Sidewalk and Trail Map to be attached to the Sidewalk Policy adopted July 2, 2018 7d Resolution R-19-4448 Repealing Resolution R-17-4208 and reorganizing the Colleyville Community Garden Advisory Committee, reappointing members, and assigning committee responsibilities 7e Resolution R-19-4449 Approval of a sublease agreement with Wells Fargo CPG, for the former Wachovia Bank building located at 5601 Colleyville Boulevard, for the Colleyville Business Center 7f Resolution R-19-4450 Approval of a membership agreement with the Colleyville Chamber of Commerce for the Colleyville Business Center 7g Resolution R-19-4451 Approval of staff to move forward with architectural services for tenant finish out of the Colleyville Business Center 8. DISCUSS AND CONSIDER A MOTION TO RECONSIDER 8a Discuss and consider a motion to reconsider/rescind the City Council’s previous motion approving Ordinance 19-2100 and providing for additional vehicle inventory regulations added by the City Council during the November 19, 2019 City Council meeting 9. READING AND PUBLIC HEARING 9a 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 (Ordinance 19-2100) 10. CITIZEN COMMENTS City Council Agenda December 3, 2019 City of Colleyville Page 5 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 3, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4452 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Wednesday, November 27, 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, December 3, 2019 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, December 3, 2019, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Community Development Director Ben Bryner, Parks and Recreation Director Lisa Escobedo, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of Heroes Park improvements Assistant City Manager Adrienne Lothery gave a history of the project and stated the firm of Freese and Nichols was engaged to render drawings for an update to Heroes Park, which would complement the Plaza, which was also designed by Freese and Nichols. She then introduced Freese and Nichols Principal Wendy Shabay, and Project Designer David Retzsch. Mr. Retzsch provided three design concepts which could be expanded, reduced, or in some way incorporated into one design for the City Council review. Mr. Retzsch noted as this time, there are renderings with elements which could cost from $.5 to $2 million. This evening, they are seeking input from Council on the design elements which work, those they do not care for, and to seek an understanding of the design and flow preferences overall. There was general discussion of flow, screening elements, and costs. Freese and Nichols will move forward with providing additional renderings and cost estimates based on the input provided by the City Council. WS-2 Discussion of Accessory Dwelling Units and Accessory Residential Structures Community Development Director Ben Bryner presented this item, providing a review of the additions and exemptions for accessory dwellings. Following discussion, City Council directed staff to remove the accessory residential structures from the R-20 zoning. City Council Minutes December 3, 2019 City of Colleyville Page 2 WS-3 Discussion of 2020 City Council Meeting Dates City Council directed staff to prepare a resolution changing the date of the October 6, 2020 City Council meeting to Monday, October 5, 20 20, due to National Night Out being October 6. WS-4 Discussion of the December 3, 2019, City Council regular agenda items Mayor Pro Tem Lindamood stated he wanted to make it clear citizens have asked for Heroes Park to be updated. Mayor Newton adjourned the worksession at 6:35 p.m. Mayor Newton opened Executive Session at 6:35 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. 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 further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:07 p.m. City Council Minutes December 3, 2019 City of Colleyville Page 3 The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 p.m. INVOCATION: Pastor Dave Jung, Crown of Life 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-19-4443 Mayor Newton read Resolution R-19-4443 in its entirety. Assistant City Manager Mark Wood presented this item, stating the entire Northern Gateway is 60 acres, however, approval of this resolution will allow the City to purchase 15 acres, which has 1,200 feet on frontage along SH26. Manager Wood stated the TIF will be used for the purchase and recapped the appraisals and negotiations for the property. Mayor Newton stated it is not uncommon for cities to purchase property, noting Southlake recently made a purchase, and it allows the city to guide the development to insure any development is consistent with the vision of the city. Typically cities partner with developers to accomplish the development. Trophy Club has done the same thing on tracks adjacent to Highway 114. Mayor Pro Tem Lindamood noted over 85% of citizens completing the citizen survey indicated the need to purchase property and assist in economic development and this is pushing us forward. Mayor Newton opened the public hearing at 7:43 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in favor of this item. There were no others wishing to speak and Mayor Newton closed the public hearing at 7:44 p.m. Councilmember Rigney made a motion to approve Resolution R -19-4443, and Councilmember Kelley seconded the motion. The motion to approve carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney City Council Minutes December 3, 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 Mayor Newton and Councilmembers made the following announcements: 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. The Salvation Army Red Kettle Campaign provides food, toys and clothing to over 6 million people just during the Christmas season. It’s a very worthwhile way to help those that are having a tough time. 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 at 817-503-1113 or the Mayor at 817-247-1642 if you would like to volunteer. Whether you volunteer or not, please stop by one of our kettles on December 14th. #ColleyvilleGives is Back for 2019: The popular #ColleyvilleGives program continues through the end of the year. 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. Santa's Helpers Toy Drive December 4: Tomorrow, City staff will deliver a truckload of toys as part of the WFAA Santa’s Helpers Toy Drive. This event collects toys for needy children and culminates with a delivery event at Heritage High School. Items to be donated should be new toys in sealed packaging. Plaza Ribbon Cutting: Earlier this evening we held a ribbon cutting ceremony for the Plaza in front of City Hall. This exceptional project was first approved in 1999 as part of the TIF original project plan. It is exciting to finally bring this beautiful community gathering place to fruition. This council, and previous council members who supported this effort, are to be applauded for completing an effort 20 years in the making. Tree Lighting Ceremony: One of Colleyville’s favorite traditions, the 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 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. City Council Minutes December 3, 2019 City of Colleyville Page 5 John McCain Railroad Crossing Repairs Complete: TexRail has completed the work at the John McCain Crossing. We apologize for the inconvenience this project created for our residents. We also thank them for their patience. Library to Host Author Luncheon: Former Fort Worth Star-Telegram writer Tim Madigan will be the featured speaker next month at the Colleyville Public Library’s Author Luncheon. Madigan will be speaking on his book, I’m Proud of You: My Friendship with Fred Rogers. The luncheon will take place from noon – 1:30 p.m., Saturday, Dec. 14, 2019. A light lunch will be served and registration is required. This event is being co-sponsored by a generous donation from the Friends of the Library. Please contact 817-503-1155 or reference at colleyville.com to register for the event. Thank you and prayers: Mayor Pro Tem Bobby Lindamood thanked everyone for the kind words and prayers extended for him this month. He stated he had missed the last meeting due to a change in his medication which caused him to be hospitalized, but he is much better and on track. Mayor Pro Tem Lindamood also stated prayers are with Von Husbands, Red Barn BBQ. Presentation of the Life Saving Award to the Colleyville Fire Department by CareFlite - Fire Chief Mark Cantrell and Mayor Richard Newton Mayor Newton stated Fire Chief Cantrell could not be in attendance this evening due to a death in the family and introduced Chief Tim Folden. Mayor Newton then called on Doak Enabnit, CareFlite Senior Director of Government and Community Relations and Crystal Hood, also representing CareFlite. Mr. Enabnit stated a resident had nominated the fire department for the Great First Responder Award. He then read the nomination and introduced Mr. Aziz Nooraci whose life was saved by the fire department during a cardiac event and who made the nomination. Following introductions of Medical Director Dr. Justin Northeim and members of the Colleyville Fire Department, Mr. Enabnit and Ms. Hood presented each member of the team with an award certificate. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4444 4a Approval of the minutes of the regular City Council meeting of November 19, 2019 4b Approval of a construction contract with Garrett Demolition, Inc., for the Overland Trail 1.2 Million Gallon Water Ground Storage (Welded Steel Coated) Site Demolition, in an amount not to exceed $148,232.30 and authorizing the City Manager to execute the contract 4c Approval of an amendment to the Professional Services Agreement with Dunaway Associates, L.P., to include professional construction City Council Minutes December 3, 2019 City of Colleyville Page 6 services to the original contract for the Bransford Road and McPherson Elevated Storage Tank Site Rehabilitation, and Overland Trail Ground Storage Tank Site Demolition Project, in an amount not to exceed $35,010, and authorizing the City Manager to execute the amendment 4d Approval of a contract with Smith Lawn and Tree for the Tree Trimming Contract, in an amount not to exceed $75,000, and authorizing the City Manager to execute the contract 4e Approval of a Pavement Marking contract with TRP Construction Group, LLC, for the Pavement Marking project, in an amount not to exceed $100,000, and authorizing the City Manager to execute the contract 4f Consider and adopt the City of Colleyville Investment Policy, as required by the Texas Public Funds Investment Act 4g Consider and adopt the City of Colleyville's broker/dealer list, as required by the Texas Public Funds Investment Act Mayor Newton read Resolution R-19-4444 in its entirety. Public Works Director Ray Silva-Reyes presented items 4b through 4e and answered questions of the City Council. Finance Director Kyle Lester presented items 4f and 4g and answered questions of the City Council. Mayor Newton opened the public hearing at 8:19 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to 4b and asked for clarification regarding 4d and 4e. Regarding item 4b Mayor Newton stated the City is not replacing the ground storage tank, they are clearing the property for future use. Regarding 4d, Mayor Newton clarified this item was not for decorating trees throughout the City, the contract is a one year contract for trimming trees and limbs along major thoroughfares to insure limbs do not interfere with vehicles on the road, typically large trucks. Colleyville’s ordinances require 14” clearance along roads. Mayo r Newton reminded citizens, the property owners are responsible for trimming trees adjacent to streets along residential streets. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:25 p.m. City Council Minutes December 3, 2019 City of Colleyville Page 7 Councilmember Kelley made a motion to approve Resolution R-19-4444, and Councilmember Wheat seconded the motion. The motion to approve carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-19-2104 Consideration of a Special Use Permit for an accessory building to exceed the 4% lot coverage allowance on Lot 18, Block 2, of the Woodbriar Addition, located at 3405 Cliffwood Drive, Case ZC19-008 Mayor Newton read the caption of Ordinance O-19-2104. Community Development Director Ben Bryner presented this item stating it is for an SUP to allow for a 1,500 square foot accessory building, to be used as a garage. Director Bryner stated staff recommends approval of the requested SUP with the condition the garage door faces the interior , because the proposed accessory building meets all of the building setback and lot coverage requirements, architecturally it is proposed to look compatible to the main structure, and appears to have no negative impact on surrounding properties. He also noted there have been no responses from the notification to date. Applicant Trisha Evans, 3405 Cliffwood Drive, came forward to answer questions of the City Council. Councilmember Nakamura asked Mrs. Evans where the driveway would be located. Mrs. Evans explained there will be no driveway as these are classic hobby cars which are not driven daily. The primary use of the garage will be for storing the cars, but when they do want to move them, they will be able to through the backyard to the front, between the trees located in the back. Mayor Newton asked about the construction of the garage and thanked Mrs. Evans for providing the building details in the packet. Mrs. Evans explained the outside would be a stucco over metal to match the house and the roof is manufactured by Decra which will be a stamped metal, designed to look like clay tiles, with a fire rating three times higher than other roofing. Mayor Newton asked Mrs. Evans about the stated building cost and if this is a business. Mrs. Evans stated the cost did not include the roof or slab, and this is a family hobby of restoring small 1928-1931 antique cars. There was discussion regarding the carport on the property. City Council Minutes December 3, 2019 City of Colleyville Page 8 Mayor Newton opened the public hearing at 8:46 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:47 p.m. This was a first reading, therefore, City Council did not take any action. 5b Ordinance O-19-2105 Consideration of a Special Use Permit for an accessory dwelling on Tracts 3K & 3Y, Abstract 211, in the BBB & C RY Survey, located at 509 W LD Lockett Road, Case ZC19-017 Mayor Newton read the caption of Ordinance O-19-2105. Community Development Director Ben Bryner presented this item, stating a super majority vote will be required due to the percentage of opposition. Director Bryner stated the request is for approval of an SUP to allow for a 1,192 s.f. detached accessory dwelling unit. The Planning and Zoning Commission recommended approval and staff recommends approval as the request meets regulations for accessory dwellings per the requirements of the Land Development Code. Mayor Newton stated the dwelling is being requested so the family may live there while a house is being built, the request complies with ordinance requirements, the structure is on the property, and the SUP limits the scope. Mayor Newton asked City Manager Jerry Ducay if this dwelling would be able to be used as a rental unit. City Manager Ducay explained, even with an SUP, the dwelling cannot be used as a rental unit. He stated that in Colleyville, no short term residential rental is allowed, no matter what the zoning or SUP conditions. Councilmember Dodson asked staff if construction of the dwelling had already began. Director Bryner stated yes, however, the building inspector required them to stop work as a permit had not been issued. Councilmember Nakamura asked why a permit had not been pulled. Mayor Pro Tem Lindamood asked staff if the roofline as proposed met the “45 degree angle rule” contained in Colleyville’s ordinances. Director Bryner stated yes. Councilmember Rigney stated she will not be in attendance at the next meeting and asked if the item should be tabled. Applicants Cory and Andrea Watson, 509 W. LD Lockett Road, came forward to answer the questions of the City Council. In responding to the question regarding not pulling a permit, Mr. Watson stated they had done some repairs, and those City Council Minutes December 3, 2019 City of Colleyville Page 9 repairs led to others which would need to be made, and before they knew it, it spiraled into a project. Councilmember Kelley asked Mr. Watson if additional concrete has been poured. Mr. Watson said no, except for some extra around the carport. Councilmember Rigney asked Mr. Watson if he has spoken with the neighbors. Mr. Watson stated he had not and just learned of the opposition. Mayor Newton opened the public hearing at 9:07 p.m. Doug Finley, 5604 Reagan Road and 601 LD Lockett Road, spoke in opposition to this item with concerns for a permit not being pulled. He stated there is no HOA, but when the notification letter came, the neighbors got together to discuss the issue and we all signed the same petition outlining our concerns. Tara Tuley, 5613 Reagan Road, spoke in opposition to this item with concerns for loud music, traffic, noise, and the possibility of the dwelling being used as an Air B&B. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:14 p.m. Mayor Newton stated he appreciates all the perspectives presented and encouraged everyone to work together and find a solution acceptable to both parties. He went on to say the question of noise is outside of the scope of this request, but is addressed by other ordinances. He stated Mr. Watson can build the structure as an “accessory structure – not dwelling unit” without additional Council approval since the design currently fulfills all accessary structure ordinance requirements. However, Mayor Newton said the applicant has requested a dwelling unit SUP which is a separate issue. Mayor Newton said short term residential rentals are not allowed in the City at all, but he is aware these ordinances have been violated at times. The City adamantly enforces these ordinances when we are aware of violations. He also stated the City depends on citizens to report these violations when they learn of them so enforcement can occur. Mrs. Watson addressed the City Council stating they understand the concern, however, they too, do not want strangers on their property and the structure will be used only while the home is being built. Councilmember Nakamura stated her concern is how the structure would be used when it was no longer theirs and asked Mrs. Watson if there would be a full kitchen in the structure. Mrs. Watson said no. Mayor Pro Tem Lindamood asked if there have been any inspections as of yet. Mr. Watson replied yes, and they have all been good. City Council Minutes December 3, 2019 City of Colleyville Page 10 City Manager Ducay suggested specifying a term for the SUP. Councilmember Kelley and Mayor Pro Tem Lindamood agreed, as long as the time frame was reasonable. Councilmember Wheat made a motion to table Ordinance O-19-2105 to January 7, 2020 and Councilmember Kelley seconded the motion. The motion to table carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 5c Ordinance O-19-2106 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority Mayor Newton read the caption of Ordinance O-19-2106. Finance Director Kyle Lester presented this item, giving a review of the rate structure. Director Lester said TRA has increased the volumetric water and w aste water rates they charge the City and these increases are passed directly through to citizens. Citizens pay exactly what the City pays for water and waste water treatment. The new rates will be in effect starting with the January billing for December's usage as follows: Water Rates: Increase current water volumetric rate from $4.14 to $4.32 Wastewater Rates: Increase the current wastewater volumetric rate from $3.11 to $3.12 Mayor Newton explained this is a pass-through cost as the Trinity River Authority, TRA, provides water and wastewater treatment services to the City, as well as other cities. Mayor Newton noted the City cannot control these costs, however, the costs are divided amongst all cities served by TRA. Mayor Newton opened the public hearing at 9:39 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing. This was a first reading, therefore, City Council did not take any action. Mayor Newton declared a recess at 9:39 p.m. and reconvened at 9:49 p.m. City Council Minutes December 3, 2019 City of Colleyville Page 11 6. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 6a 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 Wheat made a motion to remove Ordinance O-19-2101 from the table and Councilmember Kelley seconded the motion. The motion carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Mayor Newton read the caption of Ordinance O-19-2101. Community Development Director Ben Bryner presented this item stating the request was discussed at length at the last meeting and he b elieves everyone was close to an agreement, however, the applicant could not be present and he asked for the item to be tabled to this meeting. Director Bryner stated 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 this item had been discussed at the last meeting at length and asked the applicant, Jacob Stone to come forward. Mayor Newton asked Mr. Stone what he would like to do, build a wood fence at 30 foot setback per City ordinance, or a wrought iron fence 10’ off the property line. Mr. Stone asked Mayor Newton if the issue is the building material or the setback distance. Mayor Newton responded both and stated ordinances have been put in place to insure consistent quality throughout the community and told Mr. Stone he is asking to deviate from the ordinance and the City Council proposal is a wrought iron fence, up to ten feet in height with shrubbery. There was discussion regarding the right-of-way, easement, and sanitary sewer. Mayor Newton opened the public hearing at 10:05. There was no one wishing to speak and Mayor Newton closed the public hearing at 10:05 p.m. City Council Minutes December 3, 2019 City of Colleyville Page 12 Councilmember Wheat made a motion to approve Ordinance O -19-2101, allowing for a wrought iron fence up to eight feet in height, with a 10 foot setback from the property line, and Councilmember Naka mura seconded the motion. The motion carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 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 Councilmember Wheat made a motion to remove Ordinance O-19-2102 from the table and Councilmember Rigney seconded the motion. The motion carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Mayor Newton read the caption of Ordinance O-19-2102. Community Development Director Ben Bryner gave a brief recap of this item, stating at the City Council’s request, Chick-fil-A has provided updated building elevations to reflect City Council’s request of enhanced aesthetics and landscaping. Mayor Newton stated City Council asked Chick-fil-A to make the Colleyville restaurant the nicest in the country and enhance landscaping. City Council tabled this item to this agenda to allow Chick-fil-A time to accommodate the Council’s direction. There was general discussion of the shrubbery, wall, and vertical articulation. Councilmember Wheat thanked Chick-fil-A for making all the changes and it was appreciated. The City Council concurred. Mayor Newton opened the public hearing at 10:23 p.m. Dee McNosky, 5108 Pleasant Run Road, spoke in opposition to the item with concerns for safety, traffic, egress, trash, and enforcement of the requirements. She also thanked the City Council for their work. City Council Minutes December 3, 2019 City of Colleyville Page 13 Clint Young, 811 Central Drive, spoke in opposition to this item with concerns for traffic, and requested traffic studies. Steven Groffman, 815 Central Drive, spoke in opposition to this item with concerns for traffic, ingress and egress, and safety of Pleasant Run Road. Kathy Hadley, 204 Timberline North, spoke regarding putting citizen concerns first. The following did not wish to speak, but wanted to register opposition: Ceacy, Braden, and Jared McDonald, 814 Central Drive, Melanie Gable, 813 Central Drive, and Anthony McNosky, 5108 Pleasant Run Road. There were no others present wishing to speak and Mayor Newton c losed the public hearing at 10:37 p.m. There was discussion regarding trash and the flow of traffic. Councilmember Dodson made a motion to approve Ordinance O-19-2102, and Councilmember Nakamura seconded the motion. The motion carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-19-4445 A resolution approving an economic development grant agreement to Chick-fil-A, in the amount of $100,000, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-19-4445 in its entirety. Assistant City Manager Adrienne Lothery presented this item, giving an overview of the BEST grant program, which targets beautification. She noted if the PUD ordinance was approved, Chick-fil-A planned to locate a restaurant in Colleyville which is anticipated to generate $3.5 million in sales annually, which equals approximate sales tax revenue of $70,000 annually to Colleyville. As a part of the proposed building, Chick-fil-A has agreed to enhanced site landscaping and building architecture in keeping with the exceptional development standards in Colleyville. Mayor Newton opened the public hearing at 10:56 p.m. City Council Minutes December 3, 2019 City of Colleyville Page 14 Steven Groffman, 815 Central Drive, spoke in opposition to this item with concerns for grants being a tool to entice development and he feels the money would be better spent on a different location. Clint Young, 811 Central Drive, spoke in opposition to this item with concern for the expenditure of funds. Kathy Hadley, 204 Timberline Drive North, spoke in opposition with concerns for the location and Chick-fil-A’s need for funding. Dee McNosky, 5108 Pleasant Run Road, spoke in opposition to the item and suggested a right turn only from the parking lot onto Pleasant Run toward Main Street be allowed to increase safety. Anthony McNosky, 5108 Pleasant Run Road, spoke in opposition to the item, but in agreement with restricting a right turn onto Pleasant Run from the parking lot. Mayor Newton closed the public hearing at 11:12 p.m. There was general discussion of the right turn possibility. City Manager Ducay advised the funding comes from TIF and approximately $60,000 in sales tax revenue will go back to the TIF. City Manager Ducay also noted the City has marketed other locations to Chick -fil- A, but the locations did not work, however, this location, with negotiations, did, and is part of the overall deal. Councilmember Kelley made a motion to approve Resolution R-19-4445, and Councilmember Nakamura seconded the motion. The motion carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 7b Resolution R-19-4446 A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors Mayor Newton read Resolution R-19-4446 in its entirety. Mayor Newton reminded the City Council Rich Deotte and Gary Losada are the City’s candidates for the TAD Board of Directors. Mayor Newton stated he has been tracking the vote and currently both candidates are projected to have approximately 800 votes at the end of voting. City Council Minutes December 3, 2019 City of Colleyville Page 15 Mayor Newton opened the public hearing at 11:16 p.m. There w as no one present wishing to speak and Mayor Newton closed the public hearing at 11:16 p.m. Mayor Newton made a motion to approve Resolution R-19-4446, and Mayor Pro Tem Lindamood seconded the motion. The motion carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Mayor Newton moved to item 7e at 11:18 p.m. and returned to this item at 12:24 p.m. 7c Resolution R-19-4447 Approval of the Final Report of the Pedestrian Transportation Ad Hoc Committee and adoption of the 2019 Sidewalk and Trail Map to be attached to the Sidewalk Policy adopted July 2, 2018 Mayor Newton read Resolution R-19-4447 in its entirety. Assistant City Manager Adrienne Lothery presented this item, noting the Pedestrian Transportation Ad-Hoc Committee had provided the City Council a final report and recommendations at the November 17, 2019 City Council Worksession. Mayor Newton thanked the ad-hoc committee for all their work, noting they were aggressive and thorough in their work. Next steps are an implementation plan, although several components of the recommendations are already in the current capital improvement plan. Mayor Newton opened the public hearing at 12:32 a.m. There was no o ne present wishing to speak and Mayor Newton closed the public hearing at 12:32 a.m. Councilmember Wheat made a motion to approve Resolution R-19-4447, and Councilmember Kelley seconded the motion. The motion carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 7d Resolution R-19-4448 Repealing Resolution R-17-4208 and reorganizing the Colleyville Community Garden Advisory Committee, reappointing members, and assigning committee responsibilities City Council Minutes December 3, 2019 City of Colleyville Page 16 Mayor Newton read Resolution R-19-4448 in its entirety. Mayor Newton stated the Chair had resigned from the committee and he has met with the remaining members to ascertain if they wish to continue. They have selected a new Chair, and this resolution will allow the committee to move forward. Mayor Newton opened the public hearing at 12:42 a.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 12:42 a.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-19- 4448, and Councilmember Dodson seconded the motion. The motion carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Mayor Newton moved to item 7e at 11:18 p.m. At 11:54 p.m. Mayor Newton took a vote of the City Council to continue beyond midnight. The vote carried unanimously. 7e Resolution R-19-4449 Approval of a sublease agreement with Wells Fargo CPG, for the former Wachovia Bank building located at 5601 Colleyville Boulevard, for the Colleyville Business Center Mayor Newton read Resolution R-19-4449 in its entirety. Assistant City Manager Mark Wood presented 7e, 7f, and 7g in one presentation, stating all three resolutions relate to the Colleyville Business Center. Manager Wood stated Resolution R-19-4449 is the culmination of many worksession discussions and planning for a central hub for business development in Colleyville. He stated this lease will provide for the City of Colleyville to lease the former Wachovia Bank building located on SH26, with funding provided through the TIF. Manager Wood stated the business plan is based on the Three Es: – Events, Education, and Entrepreneurism. The Colleyville Business Center will provide a place for entrepreneurs to rent space to network, host and attend training, conduct meetings, and have a place outside of a home or office to conduct and grow their business. Manager Wood explained obtaining this lease provides for three significant achievements: City Council Minutes December 3, 2019 City of Colleyville Page 17 1. A new home for the Chamber of Commerce, 2. A single-point of contact for business development in Colleyville, and 3. Provides a tenant to a key commercial building that otherwise will remain empty until 2025. Manager Wood stated the City is partnering with Tarrant County College, Grapevine Independent School District, and Service Corps of Retired Executives (SCORE), as well as responding to the recent Citizen Survey whereby 87% of the respondents replied the City should be very involved or involved in Economic Development. As Manager Wood had presented the information for all three resolutions, the following discussion occurred. Councilmember Dodson questioned the in-kind staffing figures and if there will be signage on the Business Center. Manager Wood explained the Chamber of Commerce will staff the building during regular Monday through Friday, 8:00 a.m. to 5:00 p.m. business hours, as well as manage the daily operations to include mail and package services and scheduling conference rooms. He stated the landlord will have to approve the signage. There was discussion and review of the draft profit and loss budget and discussion by each Councilmember regarding their thought process of the need and usefulness of the Business Center, how it may be utilized, and the City’s function and costs in the process. Councilmember Rigney asked Manager Wood what will stop these businesses from moving to another city and how success is measured. Manager Wood responded studies show entrepreneurship is about establishing a community and entrepreneurs are more likely to keep their business in the community where they begin and have established a network and resources. He believes success measurements will include the number of events, TCC courses, and being a 1 Million Cup member. Additionally, he sees having a tenant in the building, activity on SH26, and the Chamber having a secure future for three to five years, as successes. Mayor Newton opened the public hearing at 11:57 p.m. Also I think of the Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this item with concerns for the Chamber leasing the space as they previously had their own building, the City providing the funding for the lease, and concern for Wells Fargo business practices. The following did not wish to speak but registered support of this item. Julie Smith, 1200 Euless Wiser Road, Euless; Shonda Schaefer, representing the Colleyville Chamber of Commerce Board, 3137 Fox Run Drive, Grapevine. City Council Minutes December 3, 2019 City of Colleyville Page 18 There were no others wishing to speak and Mayor Newton closed the public hearing at 11:59 p.m. Councilmember Wheat made a motion to approve Resolution R-19-4449, and Councilmember Dodson seconded the motion. The motion carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, and Kelley Nay: 1 – Councilmember Rigney 7f Resolution R-19-4450 Approval of a membership agreement with the Colleyville Chamber of Commerce for the Colleyville Business Center Mayor Newton read Resolution R-19-4450 in its entirety. Assistant City Manager Mark Wood stated the agreement is a three year term and two, one year renewals. The annual base rental fee will be $15,000 with an annual increase and the Chamber providing staffing for the Business Center. Mayor Newton opened the public hearing at 12:02 a.m. Kay Allen, representing the Chamber of Commerce, 4308 Pembrooke Parkway North, spoke in support of this item, stating the Chamber is excited to partnershi p with the City, and she congratulated the City for being creative and finding a solution for use of an empty building along the main corridor. The following did not wish to speak but registered support for this item. Michael Hinkle-Morrison, 4012 Felps Drive; DeWayne Smart, 6003 Sunderland Drive; Carolyn Sims, 7513 Orchard Court, North Richland Hills; Jason Ridley, 5303 Colleyville Boulevard; Kylan Hoss, 3237 Oleander Court; and Shonda Schaefer, 3137 Fox Run Drive, Grapevine. There were no others wishing to speak and Mayor Newton closed the public hearing at 12:05 a.m. Councilmember Dodson made a motion to approve Resolution R-19-4450, and Councilmember Wheat seconded the motion. The motion carried by the following vote: City Council Minutes December 3, 2019 City of Colleyville Page 19 Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, and Kelley Nay: 1 – Councilmember Rigney 7g Resolution R-19-4451 Approval of staff to move forward with architectural services for tenant finish out of the Colleyville Business Center Mayor Newton read Resolution R-19-4451 in its entirety. Assistant City Manager Mark Wood stated Hidell and Associates was engaged to provide the construction drawings to finish out the Colleyville Business Center space which is approximately 4,000 square feet. Construction work will include new flooring in some areas, reconfiguration of space to create office and conference room space, and renovation to bathrooms. With Council approval, this project would be bid at the end of 2019, with construction to begin early 2020. Mayor Newton opened the public hearing at 12:08 a.m. There was no one presenting wishing to speak and Mayor Newton closed the public hearing at 12:08 a.m. Councilmember Wheat made a motion to approve Resolution R-19-4451, and Councilmember Dodson seconded the motion. The motion carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, and Kelley Nay: 1 – Councilmember Rigney Mayor Newton declared a recess at 12:09 a.m. and reconvened at 12:14 a.m. 8. DISCUSS AND CONSIDER A MOTION TO RECONSIDER 8a Discuss and consider a motion to reconsider/rescind the City Council’s previous motion approving Ordinance 19-2100 and providing for additional vehicle inventory regulations added by the City Council during the November 19, 2019 City Council meeting Mayor Newton stated at the November 19, 2019 City Council meeting, following discussion, the City Council limited the number of Enterprise vehicles to be on the lot at one time to ten. Enterprise Corporate office representatives asked to meet with him and City staff to address their concerns with the limits. Enterprise officers explained there are at times more than ten vehicles on the lot to be able City Council Minutes December 3, 2019 City of Colleyville Page 20 to meet reservation demand and asked the limitation to be removed. In exchange for the consideration, Enterprise will agree to no monument signs and having to obtain a certificate of occupancy within two years. There were no questions from the City Council. Mayor Newton made a motion to reconsider Ordinance O-19-2100, and Councilmember Kelley seconded the motion. The motion carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 9. READING AND PUBLIC HEARING 9a 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 (Ordinance 19-2100) Mayor Newton read the caption of Ordinance O-19-2100. Community Development Director Ben Bryner provided a review of the location of the development and previous changes to the ordinance. There were no questions from City Council. Mayor Newton opened the public hearing at 12:23 a.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 12:23 a.m. Councilmember Wheat made a motion to approve Ordinance O-19-2100 with the following amendments: remove 6c limiting the number of vehicles allowed on the property; add to 1.d. This PUD-C will become null and void in the event a valid Certificate of Occupancy (CO) for the business is not issued within twenty-four (24) months from the date of passage of this Ordinance; add 6d No monument sign(s) shall be permitted to be erected upon the above described tract of land, and Mayor Pro Tem Lindamood seconded the motion. The motion carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney City Council Minutes December 3, 2019 City of Colleyville Page 21 10. CITIZEN COMMENTS There was no one present wishing to speak. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 3, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4452 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 12:46 a.m. Wednesday, December 4, 2019. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 17TH DAY OF DECEMBER 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary