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HomeMy WebLinkAboutCity Council-Minutes-03/03/2020 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, March 3, 2020 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 SH26 median and right of way project update WS-2 Update on SH26 construction project by City staff WS-3 Discussion of the Glade Road and Riverwalk Drive roundabout WS-4 Discussion of the March 3, 2020, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City Council Agenda March 3, 2020 City of Colleyville Page 2 INVOCATION: Lyle Schofield, Church of Jesus Christ of Latter-day Saints 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-20-4476 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4477 4a Approval of the minutes of the regular City Council meeting of February 18, 2020 4b Authorizing the submission of a Department of Justice federal grant application and committing resources if City is a grant recipient 4c Approval of a license agreement with Dallas Area Rapid Transit (DART) for the installation of a 144 count fiber optic cable encased inside a 4 inch steel casing pipe, crossing near Bransford Road, and authorizing the City Manager to execute the agreement 4d Approval of a Professional Services Agreement with Kimley-Horn and Associates, Inc., for the 2020 Water, Wastewater, and Roadway Impact Fee Update, in an amount not to exceed $127,600, and authorize the City Manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-20-2111 Consideration of a zoning change request from the AG Agricultural district to the CC-1 Village Retail district on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-001 5b Ordinance O-20-2112 Consideration of a request for a Special Use Permit for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-002 City Council Agenda March 3, 2020 City of Colleyville Page 3 5c Ordinance O-20-2113 Consideration of a zoning change request from the PUD-C Planned Unit Development – Commercial district to the PUD-C Planned Unit Development – Commercial district for the Heritage Farms addition, being Lots 1-3, Block A, Heritage Farms, located at 913 Cheek-Sparger Road, 3808 Wayne Drive, and 3900 Bedford Court, Case ZC19-009 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-20-4478 Consideration of a request for a Preliminary/Final Plat for Lots 1-11, Block A, Lots 1-13, Block B, and Lots 1-3, Block X, of the Preston Manor Addition, being Tracts 6A1, 6A2, 6A2A, 6A2B1, Abstract 1487, in the O C Sturm Survey, and Tracts 1B, 1B1, 1B2A, Abstract 1176, in the J J Newton Survey, located at 401 Shelton Drive, Case PC20-001 6b Resolution R-20-4479 A resolution cancelling the May 2, 2020 General Election and declaring each unopposed candidate elected to office 7. CITIZEN COMMENTS 8. REPORTS August 12, 2019 Planning and Zoning Commission Minutes August 26, 2019 Planning and Zoning Commission Worksession Minutes September 9, 2019 Planning and Zoning Commission Minutes 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MARCH 3, 2020 - READING AND PUBLIC HEARING - RESOLUTION R- 20-4480 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 28, 2020 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. City Council Agenda March 3, 2020 City of Colleyville Page 4 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, March 3, 2020 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, March 3, 2020, 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, Police Chief Michael Mi ller, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 SH26 median and right of way project update Assistant City Manager Adrienne Lothery provided a brief overview of the median design project. She then introduced Aaron Duncan and David Newman, MESA Design Group, who reviewed the lighting, corridor and gateway designs and provided cost estimate updates for the corridor hardscape and landscape and project schedule updates. There was discussion regarding the number of poles which will have electricity and banner connections and the reduction in costs and increase in contingency. Hardscape and landscape median and parkway construction will occur first followed by gateway vertical elements from July 2020 through April 2021. There was general discussion regarding timelines, irrigation design, and construction management. MESA will continue to provide updates and seek City Council consensus of materials, landscape, and costs, allowing for continual review and cost analysis. WS-2 Update on SH26 construction project by City staff Public Works Director Ray Silva-Reyes presented this item by giving an overview of the project. He noted Phase, 2, 2A and 3 are complete and Phase 4 is in progress with an anticipated spring 2020 completion date. Director Silva -Reyes stated there has been a disagreement between the subcontractor and general contractor and the City is attempting to work with TxDOT to resolve the challenges. The final Phase 4 items still to be completed are: installation of the remaining permanent traffic signals and the installation of landscape irrigation headers. City Council Minutes March 3, 2020 City of Colleyville Page 2 Director Silva-Reyes stated the construction barrels will not be removed until the signals and striping are complete. City Council is trying to push for completion, but there is very limited progress currently. City Management has reached out to elected state representatives and the County Commissioner, and the Mayor has contacted the District Engineer and TxDOT’s Chief Engineer. WS-3 Discussion of the Glade Road and Riverwalk Drive roundabout Assistant City Manager Adrienne Lothery presented this item seeking City Council direction regarding the artwork they would prefer to see in the roundabout. The presentation provided suggestions from the public and a collage of possible statues and designs. Following discussion, City Council chose a design theme of children interacting with children and geese or ducks. WS-4 Discussion of the March 3, 2020, City Council regular agenda items Mayor Newton stated items 5a and 5b will be presented together, how ever, when it is time to vote on these ordinances, each will be considered separately . He also noted there may be lengthy discussion on 5c and 6a. Mayor Newton closed the Worksession at 6:25 p.m. Mayor Newton called the Executive Session to order at 6:25 p.m. and called the roll. 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 City Council Minutes March 3, 2020 City of Colleyville Page 3 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 7:10 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 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. INVOCATION: Lyle Schofield, Church of Jesus Christ of Latter-day Saints 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-20-4476 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition The Mayor and City Councilmembers made the following announcements: Fire Department CPR Save: On February 13, 2020, our crews were dispatched to a call for a 65 year old patient that was unresponsive and not breathing. The crews performed life saving measures including CPR, electric shock and drug therapy. The patient regained spontaneous circulation and respiratory effort and was transported to Baylor Grapevine. She remains hospitalized, but is stable and expected to recover. Special recognition goes out to Shane Bailer, William Hutton, Brent Wilson and Brian Wallace. This represents the 12th save over the last two years. City Council Minutes March 3, 2020 City of Colleyville Page 4 Transparency Star Awarded Colleyville: Texas Comptroller Glenn Hegar announced City of Colleyville is the latest local government entity to achieve specific transparency goals through the Comptroller’s Transparency Stars program. Colleyville received a star in the area of Traditional Finances, which recognizes entities for their outstanding efforts in making their spending and revenue information available. Transparency Stars recognizes local government entities that provide easy online access to important financial data. “By providing meaningful financial data in addition to visual tools and analysis of its revenues and expenditures, Colleyville has shown a true commitment to Texas taxpayers. This effort achieves the goals set by my office’s Transparency Stars program,” Hegar said. “I am pleased to award Colleyville a star for its accomplishments.” The Comptroller’s office launched the Transparency Stars program in March 20 16 to recognize cities, counties and school districts making important strides to greater government transparency. Local government entities can apply for stars in the areas of: Traditional Finances, Contracts and Procurement, Economic Development, Public Pensions, and Debt Obligations. After receiving an initial star for Traditional Finances, remaining stars may be awarded in any order. We will now pursue additional Stars in the remaining categories. Fort Worth Symphony Orchestra Event: On February 21st Colleyville welcomed the Fort Worth Symphony Orchestra for a City-sponsored free concert. The first- ever event welcomed the arts to our community for a wonderful evening of exceptional music. This event would not have been possible without the vision of this Council and the work of so many volunteers: Thank you:  James Beard and Deon Duman, Public Works  Leslie Hill, Colleyville Center  Christine Johnson and Adman Steele, City Manager’s Office  Jaime Maynard, Community Development and  Sheila Seva, Finance Colleyville Receipt Race is Underway: The City of Colleyville and GCISD have partnered for the 3rd annual receipt race to support Colleyville businesses. Shop anywhere in Colleyville March 1 through April 30 and turn your receipts into your school’s PTA (same as you do for Box Tops). It’s that easy. Receipts are due to Colleyville City Hall by May 4. The school that collects the most receipts (regardless of value) will receive a donation to the school’s PTA. First prize is $5,000; second prize is $3,000; and third prize is $2,000. All participating schools will receive a $500 donation. For more information, visit colleyville.com or call 817.503.1111. City Council Minutes March 3, 2020 City of Colleyville Page 5 Colleyville Clean Sweep Set for March 14: Our annual clean-up event, Clean Sweep, returns March 14. Clean Sweep offers residents a one-stop drop off event with 5 stations: the Crud Cruiser (household hazardous waste), electronics recycling, document shredding, bulk/brush trash, and tire recycling. The free event (with proof of Colleyville residency) is Saturday, March 14, 9-11 a.m., at Colleyville Heritage High School parking lot, 5401 Heritage Avenue (enter from 121 access road only) Chamber's City Slickers Event: City Slickers is a fun evening full of live music, Texas BBQ Buffet, dancing, armadillo races, silent auction, and casino games with friends. Tickets are available now. City Slickers is Friday, March 20, 5:30 - 11 p.m. at Austin Ranch, 2009 Anderson Gibson Road – Grapevine Sign Enforcement Renewed Along SH26: We remind businesses enforcement of illegal signs and banners along SH26 are being enforced effective March 1. This enforcement was relaxed during roadway construction over the last two years. With the SH26 construction coming to an end, Code Enforcement has notified businesses of the return of sign enforcement. We appreciate the cooperation of our businesses. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-20- 4477 4a Approval of the minutes of the regular City Council meeting of February 18, 2020 4b Authorizing the submission of a Department of Justice federal grant application and committing resources if City is a grant recipient 4c Approval of a license agreement with Dallas Area Rapid Transit (DART) for the installation of a 144 count fiber optic cable encased inside a 4 inch steel casing pipe, crossing near Bransford Road, and authorizing the City Manager to execute the agreement 4d Approval of a Professional Services Agreement with Kimley-Horn and Associates, Inc., for the 2020 Water, Wastewater, and Roadway Impact Fee Update, in an amount not to exceed $127,600, and authorize the City Manager to execute the agreement Mayor Newton read Resolution R-20-4477 in its entirety. Police Chief Michael Miller presented item 4b and Public Works Director Ray Silva - Reyes presented items 4c and 4d and both answered questions of the City Council. City Council Minutes March 3, 2020 City of Colleyville Page 6 Responding to questions regarding 4b Chief Miller stated the grants will be awarded in May and funded beginning in June. Chief Miller stated area police departments are not participating in the grant application because the Department of Justice does not allow for combined applications. Councilmember Nakamura thanked the Chief and City Manager for always seeking out grant opportunities and planning in advance of need. Responding to questions regarding the license agreement with DART, Director Silva-Reyes stated the agreement is to allow fiber optics to cross over DART owned land. Councilmember Dodson asked what goes into the analysis of the impact fees and if the age of the system is considered. Director Silva-Reyes said there are many factors considered, primary is the land development plan as the fees are collected on new lots only. The analysis is to ensure the fees are justified and can be defended, if need be. Mayor Newton opened the public hearing at 7:52 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:52 p.m. Councilmember Nakamura made a motion to approve Resolution R-20- 4477, and Mayor Pro Tem Lindamood 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-20-2111 Consideration of a zoning change request from the AG Agricultural district to the CC-1 Village Retail district on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-001 5b Ordinance O-20-2112 Consideration of a request for a Special Use Permit for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-002 Mayor Newton explained Ordinances O-20-2111 and O-20-2112 affect the same property and will be presented together, however, at the second reading, each ordinance will be voted on separately. City Council Minutes March 3, 2020 City of Colleyville Page 7 Mayor Newton read the caption of Ordinance O-20-2111 and Ordinance O-20- 2112. Community Development Director Ben Bryner presented both items. Director Bryner stated Ordinance O-20-2111 for the zoning change from AG to CC-1 is necessary to meet current zoning requirements for a cemetery use. He stated Bluebonnet Hills Cemetery has been in operation on the property since 1953, and the recent expansion into the far eastern portion of the property revealed the zoning conflict. Director Bryner said the approval of the zoning change will allow for the use and Ordinance O-20-2112 will provide for the associated SUP which will allow for the expansion and operation of the cemetery use, while providing specific requirements. Director Bryner stated in 2018, Bluebonnet attempted to rezone the property and obtain an SUP. During this time the case was tabled by the Planning and Zoning Commission as there were several concerns that they wanted addressed. The item was ultimately withdrawn to allow for the applicant to work with the adjacent neighborhoods and address their concerns. As part of any SUP, conditions may be imposed to ensure compatibility and harmony with surrounding properties. This may include specific regulations pertaining to landscaping and fencing along street frontages and/or along property lines adjacent to residential development. A substantial tree line currently exists along the eastern boundary. Bluebonnet has been working with the Broughton Homeowners Association and the Stone Crest Estates Homeowners Association since 2018. They suggest numerous beneficial conditions which have been included in the proposed ordinance: 1. Grave site spoils are to be stored in the cemetery’s maintenance area. 2. No grave site or cemetery improvement shall be closer than 25 feet to the east property line with the exception of drainage improvements and landscaping. 3. A minimum of 25 Nellie R. Stevens Holly shrubs shall be planted within the 25 foot setback area. 4. A minimum of 55 #7 size Texas Privet shall be planted within the 25 foot setback area. 5. A minimum 3 foot ornamental iron/tubular fence shall be constructed along Hall Johnson Road. 6. A minimum 3 foot shrub row shall be planted along Hall Johnson Road. 7. Drainage and swale/channel improvements shall be made along the eastern property line and within the Broughton Addition. At the request of the Planning and Zoning Commission, the condition of no private mausoleums/crypts shall be allowed within 100 feet of Hall -Johnson Road has also been included in the conditions. Director Bryner stated a masonry wall is required per the Land Development Code and the applicant is asking the requirement be City Council Minutes March 3, 2020 City of Colleyville Page 8 waived in lieu of the tree and shrub plantings. He concluded the presentation stating there was been no public response to the notice for either ordinance and the Planning and Zoning Commission recommended approval of both. Mayor Newton summarized his understanding of the items: When Bluebonnet began their expansion they worked with the Broughton and Stone Crest Homeowners Associations and there are agreements in place. Today, there are citizen concerns with drainage, the applicant is seeking a waiver to the m asonry wall, and building has occurred in violation of the zoning. Mayor Newton stated he felt there will need to be further discussion and more detailed plans for the ownership of the tree line, location of drainage ditches and a drainage plan. Robert Reeves, representing the applicant, provided a presentation which highlighted the history previously given by Director Bryner. Mr. Reeves stated a survey of the pine trees was conducted and the cemetery owns all except two. He discussed cleaning the earthen swale, planned construction of a shallow concrete swale, the preliminary engineering plan, fencing, and content of the agreements with the HOAs. Mr. Reeves stated there are three reasons they request a waiver to the masonry wall: they do not want to harm/kill the trees, the wall would seal off the swale at the property line, and it would take away from the pastoral setting of the cemetery. Mr. Reeves stated he did not know the homeowners where not aware of the agreements with the HOAs and they want to be good neighbors. Gary Grossi, representing the applicant, stated he was available to answer technical questions regarding the use of the cemetery. There was discussion between Mr. Grossi and the City Council regarding the location of a street, grave sites, mausoleums, the location of the maintenance building, the cul de sac, and work which has already occurred. Mayor Newton opened the public hearing at 8:59 p.m. The following wanted their opposition noted, but did not wish to speak: Dan and Kathy Wade, 1804 Stratton Green; Beth Ussery, 1800 Arrington Green; Clarice Moise, 1805 Arrington Green. The following wanted their support noted, but did not wish to speak: Stephanie Butler, President, Stone Crest HOA, 1716 Gatehouse Court. Each of the following spoke in opposition, all having concerns for drainage and a lack of discussion with individual home owners. Mindy Russell, 1805 Camden Green, Ms. Russell also discussed her concerns regarding the topography and terrane, irrigation, screening, run off. Michael Essery, 1800 Arrington Green, also discussed the need to have everything in writing. City Council Minutes March 3, 2020 City of Colleyville Page 9 Jules Moise, 1805 Arrington Green, also discussed homeowners do not agree with the HOA and individual home owners need to be addressed. Ricky Texada, 1801 Arrington Green, also discussed the need for details and agreements with individual home owners, the wall which was not discussed in Planning and Zoning Commission meeting, current individual fences, tree ownership, elevation, privacy, and landscape. Dawn Terry, 1801 Camden Green, also discussed the individual home owners not being in agreement with the HOA agreement, excessive drainage on her address, and support for requiring a wall. The following spoke in support. Jim Taylor, 1821 Grosvenor Green, president-elect, Broughton HOA, stated support of this item, subject to the finalization of the engineering plans, and noted Bluebonnet agreed to the items requested by the HOA which includes landscaping, pond sediment, and drainage. Jonathon Cheatham, 1716 Gatehouse Court, Stone Crest HOA President-Election stated the HOA negotiations with Bluebonnet were different than those of the Broughton HOA, but all negotiations and requests were met. Kathy Hadley, 204 Timberline North, spoke in support of this item stating Bluebonnet has always been the cemetery and was there first. She spoke in opposition to building a wall. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:28 p.m. There was further discussion of topography, drainage, roads, and swales. Mayor Newton stated he feels more information must come before the City Council to be able to address drainage, buffering, trees, swales, and the wall. Mayor Newton asked Mr. Reeves and Mr. Grossi to provide an engineering analysis and address the concerns. Mayor Pro Tem Lindamood made a motion to table Ordinance O-20-2111 and Councilmember Nakamura 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 City Council Minutes March 3, 2020 City of Colleyville Page 10 Councilmember Wheat made a motion to table Ordinance O-20-2112 and Mayor Pro Tem Lindamood 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 Mayor Newton called a recess at 9:44 p.m. and reconvened the meeting at 9:59 p.m. 5c Ordinance O-20-2113 Consideration of a zoning change request from the PUD-C Planned Unit Development – Commercial district to the PUD-C Planned Unit Development – Commercial district for the Heritage Farms addition, being Lots 1-3, Block A, Heritage Farms, located at 913 Cheek-Sparger Road, 3808 Wayne Drive, and 3900 Bedford Court, Case ZC19-009 Mayor Newton read the caption of Ordinance O-20-2113. Community Development Director Ben Bryner presented this item. Director Bryner stated the proposed PUD is requesting to significantly vary from the 2012 ordinance. The request includes 164 independent living units, 32 assisted living units, and 24 memory care units which is a reduction in the total unit count from 281 units to 220 units. The average independent unit size is increas ed to 850 s.f. – 1,400 s.f., height of the buildings is proposed to be two stories, and the total project size is 326,700 s.f. with 371 parking spaces in Phase I, and 33 spaces in Phase II, for a total of 404 spaces. Additionally, the exterior walls of the buildings will be a minimum of 50 percent masonry materials, the buildings are connected, and there is no retail building proposed. This proposal also provides for 50 percent common open space. Director Bryner stated the current PUD-C district requires the developer to improve the intersection of Cheek-Sparger Road and Bedford Road/Bedford Court with a roundabout. He stated the applicant is still committed to the requirement, but is evaluating the level of participation with the improvement and will also add a right-turn-only lane to northbound Wayne Drive where it intersects Cheek-Sparger Road. Finally, the developer is proposing a Payment in Lieu of Taxes, or PILOT, payment to the City to offset the increase in Emergency Medical Costs from this project. Director Bryner noted the Land Development Code only allows the proposed senior living community with Planned Unit Development Commercial zoning. Councilmember Dodson stated he was concerned with the amount of information to compare and he would like more time to compare the content of both ordinances as he suspects there will be a large impact on the City. City Council Minutes March 3, 2020 City of Colleyville Page 11 Councilmember Nakamura concurred with Councilmember Dodson adding she was also concerned about the roundabout and the close proximity of the development to residential. Councilmember Rigney asked for an explanation of the development being a nonprofit. Don Stephens, Methodist Retirement Community (MRC), the applicant came forward and explained MRC is tax exempt because they were first founded by the Methodist Church and their mission is faith based in that they have 12 communities and five serve lower income housing. Mayor Newton asked Mr. Stephens if they are affiliated with the United Methodist Church. Mr. Stephens stated MRC voluntarily participates in the Texas Annual United Methodist Conference and half of their board members are United Methodist. Mr. Stephens said by being a 501(c)(3) organization, they are able to put more money into the MRC (staff, food, etc). Additionally, due to the tax exempt status, they are required to give four percent of revenue to char ity care to those who could not afford the MRC in lieu of the property taxes. Mayor Newton stated as an elected official he has the best interest of the citizens and the City to focus on and asked why it would be beneficial to have a non-profit run this facility since no City ad valorum property tax revenue would go to the City. Mr. Stephens responded for the Colleyville citizens who want to live there but may not be able to afford to do so. He stated non -profits do a better job at facility maintenance. Mayor Newton asked Mr. Stephens to explain the funding structure of the MRC. Mr. Stephens stated tax exempt bonds are secured through an agent. Entering residents pay an upfront fee of several hundred thousand dollars which is used to pay off the bond debt. The resident gets no equity interest in the facility or operations. There was detailed discussion regarding a monthly fee structure a resident would also have to pay as well as what refunds, if any, a resident receives, if the resident decides to leave the facility. Mayor Newton asked Mr. Stephens if they have any time critical deadlines. Mr. Stephens said they have not yet bought the property as they are waiting to see what the City Council will decide. He noted they have another extension on the land purchase they can use, however, the interest rate is currently very low and they would like to come forward as soon as possible. Mayor Pro Tem Lindamood asked Mr. Stephens if they build any other type of developments and how often do they sell them. Mr . Stephens replied they only build senior living facilities and they have only sold one because it could not be rebuilt following a hurricane. City Council Minutes March 3, 2020 City of Colleyville Page 12 Councilmember Dodson asked Mr. Stephens how they decide which community is low income. Mr. Stephens stated it is based on income. There was detailed discussion regarding operation and maintenance of the facilities. Mr. Stephens introduced Robert Green, Greystone Development, who manages the properties. The Mayor and City Council continued to have discussions with Mr. Stephens and Mr. Green to understand the financing, refunding, management fees, and partnerships. Following the discussion above, Mayor Newton suggested this item be tabled and a worksession be conducted for further discussion, but he would first like to hear the concerns of the citizens present who were waiting to speak. Mayor Newton opened the public hearing at 11:05 p.m. The following spoke in opposition to this item representing the same concerns of drainage, aesthetics, privacy, loss of home value, setbacks, two story height, and traffic. Bill West, 1009 Michael Sean Court, Bedford; Mark Matherne, 1104 Plantation Court, Colleyville; Jason Finch, 3721 Woodmont Court, Bedford; Tom and Jocelyne Buckelew, 3709 Woodmont Court, Bedford. There were no others wishing to speak and Mayor Newton closed the public hearing at 11:28 p.m. Councilmember Wheat made a motion to table Ordinance O-20-2113 and set a date for a worksession on this item and Councilmember Rigney seconded the motion. The motion to table and establish a worksession carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney At 11:55 p.m. Mayor Newton took a unanimous vote of the City Council to continue beyond midnight. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-20-4478 Consideration of a request for a Preliminary/Final Plat for Lots 1 -11, Block A, Lots 1-13, Block B, and Lots 1-3, Block X, of the Preston Manor Addition, being Tracts 6A1, 6A2, 6A2A, 6A2B1, Abstract 1487, City Council Minutes March 3, 2020 City of Colleyville Page 13 in the O C Sturm Survey, and Tracts 1B, 1B1, 1B2A, Abstract 1176, in the J J Newton Survey, located at 401 Shelton Drive, Case PC20-001 Mayor Newton read Resolution R-20-4478 in its entirety. Mayor Pro Tem Lindamood stated he is disclosing his company removed the house which was previously located on this lot, however, it has no bearing on his decision regarding this item. Community Development Director Ben Bryner presented this item and answered questions of the City Council. Director Bryner stated the request is to plat 15.70 acres, zoned R-20 Single Family Residential, into 24 single -family residential lots, and three common area lots with gated, private streets. He stated as submitted, the proposed plat meets all of the requirements of the existing R-20 zoning and the net density for the subdivision calculates to 1.85 dwelling units per acre. Director Bryner noted lot 408 is owned by the City and the current plat as proposed uses that land which has no right of way or easements on it. As a result the current plat cannot be approved without resolution of this issue. He stated this lot could be sold to the developer or designated as right of way. He stated there has been no correspondence regarding this request and the Planning and Zoning Commission recommended approval. Councilmember Wheat asked if this item is null if the railroad does not approve the drainage agreement with the developer. Director Bryner agreed that was true. Osama Nashed, Senior Associate, ANA Consultant, representing the owner/developer, reviewed the drainage plans, conceptual renderings, entrances, and the applicant’s desire to have the City dedicate their property as right of way. Mr. Nashed answered questions of the City Council. There was discussion of the pond located on the property, the drainage design, underground culvert, the development not meeting the lot minimum, and the location of the development to the high frequency lines. Mayor Newton stated he has concern with the private streets, especially in an R -20 zoning, and will not vote for it. Councilmember Dodson expressed concern over the public area, and Mayor Pro Tem Lindamood asked if code was being met. Mayor Newton stated he thinks the item should be tabled and asked the applicant to provide a grading and landscape/tree preservation plan, and the railroad agreement. He stated the City will have to also consider the options for the City owned property. Mayor Newton opened the public hearing at 12:11 a.m. The following did not wish to speak, but wanted their support noted. City Council Minutes March 3, 2020 City of Colleyville Page 14 Atif Henry, 500 Bridlewood North; Robert Bradshaw, 5708 Oaktop. George Whittman, 415 Shelton spoke in support of the development and the private street, stating he preferred the private streets to protect from the public traffic going to the Webb House. He also is pleased with the 24 lots which makes it feel less crowded. There were no others present wishing to speak and Mayor Newton closed the public hearing at 12:17 a.m. Mayor Newton made a motion to table Resolution R-20-4478, and Councilmember Dodson 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 6b Resolution R-20-4479 A resolution cancelling the May 2, 2020 General Election and declaring each unopposed candidate elected to office Mayor Newton read Resolution R-20-4479 in its entirety. There was general discussion regarding filing notifications, ordering an election, election code, and the ability of the City to cancel the election when candidates are unopposed. Mayor Newton opened the public hearing at 12:26 a.m. Donna Cornell, 4009 Woodstock Drive, spoke in opposition to this item with concerns for the notification and advertising process and the ability to have a self - appointed governing body. There were no others present wishing to speak and Mayor Newton closed the public hearing at 12:32 a.m. Councilmember Kelley made a motion to approve Resolution R-20-4479, and Councilmember Nakamura 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 March 3, 2020 City of Colleyville Page 15 7. CITIZEN COMMENTS There was no one present wishing to speak. 8. REPORTS August 12, 2019 Planning and Zoning Commission Minutes August 26, 2019 Planning and Zoning Commission Worksession Minutes September 9, 2019 Planning and Zoning Commission Minutes There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MARCH 3, 2020 - READING AND PUBLIC HEARING - RESOLUTION R- 20-4480 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 12:34 a.m. on Wednesday, March 4, 2020. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 17TH DAY OF MARCH, 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary