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HomeMy WebLinkAboutCity Council-Minutes-05/05/2020 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, May 5, 2020 CITY HALL DOORS WILL BE OPEN TO THE PUBLIC HAND SANITIZER IS AVAILABLE AT THE ENTRY DOORS SIX FOOT SOCIAL DISTANCING WILL BE REQUIRED TO BE MAINTAINED WORKSESSION - 5:30 PM CITY COUNCIL CHAMBERS - THIRD FLOOR UPON ADJOURNMENT OF THE WORKSESSION, CITY COUNCIL WILL RETIRE TO THE EXECUTIVE CONFERENCE ROOM FOR EXECUTIVE SESSION CALL TO ORDER WS-1 Discussion of the Methodist Retirement Community (MRC) project WS-2 Discussion of dates for a City Council Priorities Workshop WS-3 Discussion of the May 5, 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 • Acquisition of right-of-way along John McCain Road 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 May 5, 2020 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBER INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel PLEDGE OF ALLEGIANCE: Mayor Richard Newton 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4494 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-20-4495 4a Approval of the minutes of the regular City Council meeting of April 21, 2020 4b Approval of a Construction Services Agreement with Cousin's Waterproofing, LLC dba Next Gen Construction, for the Roof Restoration Project, in an amount not to exceed $685,000, and authorizing the City Manager to execute the agreement 4c Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project Customer City meetings and an Operating Emergency Contact 4d Appointment of a Contracting Party Representative, Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System and an Operating Emergency Contact 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-20-2114 Approval of the adoption of the City of Colleyville Water Conservation and Drought Contingency Plan, 2020 City Council Agenda May 5, 2020 City of Colleyville Page 3 6. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 6a 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 6b 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 6c 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 7. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 7a 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 8. CITIZEN COMMENTS 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MAY 5, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20- 4496 10. ADJOURNMENT City Council Agenda May 5, 2020 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 1, 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. 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, May 5, 2020 CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to or der on Tuesday, May 5, 2020, at 5:32 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, and Chuck Kelley. PRESENT VIA WEBEX: Mayor Pro Tem Bobby Lindamood, and Councilmembers George Dodson and Callie Rigney, and City Attorney Whitt Wyatt. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Parks and Recreation Director Lisa Escobedo, and City Secretary Christine Loven. Mayor Newton welcomed everyone and noted this is hybrid meeting with some attending via Webex, noting Council Chambers are set to accommodate appropriate social distancing, and stated the City Secretary’s Office is staffing the lobby on the first floor, which is set up for the public to ask questions and offer comments during the worksession. WS-1 Discussion of the Methodist Retirement Community (MRC) project Mayor Newton explained time restraints at the March 3, 2020 City Council Meeting did not allow time for representatives of the Method ist Retirement Community project to give a presentation on the facility. The item has remained tabled since March 3, 2020 and this presentation is the first step to being able to begin to move through the process. Mayor Newton asked City Council to allow for the presentation to be given without interruption and when complete, questions may be asked. Each of the following were present and introduced themselves as they participated in the presentation: Methodist Retirement Center staff Alan Brown, CEO, and Don Stephens CFO, Barry Hudson, AICP, Senior Planner/Associate, Dunaway Associates; Carl Ede, Principal/Project Architect, and Rocky Berg, Principal, Three Architecture; Jeremy Windell, PE, Project Engineer, Richard Shaheen, PE, Engineering Line of Business Manager, and Barry Hudson, AICP, Senior Planner/Associate, Dunaway Associates; Robert “Bud” Green, Senior VP, Russell Jones, Corporate VP Development Services, Heather George, Associate Development, and Brad Straub, Senior VP, Greystone; and Jon Leatherberry, Partner/legal counsel, Bracewell LLP Attorneys. City Council Minutes May 5, 2020 City of Colleyville Page 2 The MRC presentation provided for an introduction and overview of the project, current and planned zoning and PUD requirements, drainage, site plans, project timelines, results of meetings with surrounding neighborhoods, explanation of the not for profit status, and projected staffing and facility use. Mayor Newton stated he would like the MRC representatives to address the following at the May 19, 2020 City Council meeting:  The project being a non-profit, which means there is no ad valorem tax for the City, which was not commented on and is not a positive to the City.  Drainage, which will be discussed at great length next meeting. Specifically, how MRC is mitigating the drainage issues raised by local residents and how the MRC design makes the drainage better than it is today.  Detailed review of the meetings MRC had with the surrounding neighborhoods and their feedback.  The phasing of the project.  The financial model.  The difference between a non-profit and for-profit organization.  The affiliation with the Methodist Church. Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney added requests for discussion regarding zoning, the roundabout, 100-year flood, funding, revenue, fees, affiliation with the Annual Conference, charity, and closeness to a residential area. WS-2 Discussion of dates for a City Council Priorities Workshop Following calendar reviews, the City Council chose July 13, 2020, noon to 4:00 p.m. as the date and time for the workshop. WS-3 Discussion of the May 5, 2020, City Council regular agenda items Mayor Newton stated in lieu of announcements, he will provide an update to the COVID-19 information, which will include some information from the Governor’s press conference held earlier today. He also noted Ordinances O-20-2111, O-20- 2112, O-20-2113, and Resolution R-20-4478 will remain tabled. Mayor Newton adjourned the worksession at 6:27 p.m. and called the Executive Session to order at 6:27 p.m. at which time, City Council retired to the Executive Conference Room and the roll was called. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, and Chuck Kelley. PRESENT VIA WEBEX: Mayor Pro Tem Bobby Lindamood, and Councilmembers George Dodson and Callie Rigney, and City Attorney Whitt Wyatt. City Council Minutes May 5, 2020 City of Colleyville Page 3 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  Acquisition of right-of-way along John McCain Road 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 D evelopment. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:15 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:32 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, and Chuck Kelley. PRESENT VIA WEBEX: Mayor Pro Tem Bobby Lindamood, and Councilmembers George Dodson and Callie Rigney, and City Attorney Whitt Wyatt. Mayor Newton noted this was a hybrid meeting and welcomed those viewing on Facebook live and via Webex. INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel PLEDGE OF ALLEGIANCE: Mayor Richard Newton City Council Minutes May 5, 2020 City of Colleyville Page 4 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4494 Mayor Newton read Resolution R-20-4494 in its entirety. Assistant City Manager Mark Wood stated this item is for the purchase and acquisition of 3.8 acres, located at the southeast corner of SH26 and John McCain Road. The current zoning is CC1 & PUD-C and the appraised value is $1,659,000, or $10 per square foot. Manager Wood noted when RaceTrac was considering the site, they had a contract for $1,600,000 / $9.64 per square foot. The City is purchasing the property for $1,500,000 / $8.94 per square foot. Manager Wood also explained this property would place under City ownership, all of the developable land at the John McCain/SH26 intersection, which is the key property in the “northern gateway.” Mayor Pro Tem Lindamood stated there had also been another purchase contract on the property after RaceTrac, but the contract had fallen through before the City initiated purchase plans for the property. Manager Wood agreed. Mayor Newton opened the public hearing at 7:46 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:46 p.m. Councilmember Kelley made a motion to approve Resolution R-20-4494, 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 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton stated he is going to provide an update on COVID -19 just as he did at the last meeting. Mayor Newton noted he is providing weekly video updates to citizens which can be seen on the City’s website. He also stated the City follows the President, CDC guidelines, and Governor Abbott when iss uing coronavirus pandemic proclamations, and all proclamation decisions are based on assessments of all COVID-19 data available at the time. Mayor Newton highlighted his current proclamation which took effect May 1 and provided for the following: • Restaurants, retailers, and movie theaters can operate at 25% occupancy City Council Minutes May 5, 2020 City of Colleyville Page 5 • Library can operate at 25% occupancy (36 people for Colleyville’s Library) • Churches can provide in-person services • Governor issued guidance for businesses (Governor’s Report to Open Texas) • Salons, massage establishments, gyms not allowed to operate • City has applied with TDEM for fitness/training studios to be an essential business (other Mayors joining this effort) • All City facilities now open to the public Mayor Newton stated Governor Abbott held a press conference late this afternoon to clarify his May 1 Order. While there was not a document to review prior to this meeting, Mayor Newton highlighted some of the information as: Governor Abbott’s verbal clarification of his May 1st Order • Now • No 25% occupancy limitation on Restaurant outside patios • Weddings and funerals fall in church category so they can happen with distancing guidelines • Effective May 8th • Cosmetology, hair salons, barbershops, nail, tanning salons can open with limitations • Effective May 18th • Gyms can open with 25% occupancy limitation and lockers/showers cannot be open Mayor Newton then reviewed the charts, providing COVID-19 Statistics for Texas, Tarrant County, and Colleyville to include: Texas: 32,332 Positives = .11% of population; 1,533 currently hospitalized = 5/1000 of 1% of population; and 884 Deaths = 3/1000 of 1% of population. Tarrant County: 2,624 Positives = .12% of population; 198 currently hospitalized = 9/1000 of 1% of population; and 77 Deaths = 3/1000 of 1% of population. Colleyville: 9 Positives = 3/100 of 1 % of population; 0 Deaths. In Tarrant County there are 4,714 hospital beds and 530 ventilators; currently 2,094 beds (44% of capacity) and 375 ventilators (71% of capacity) are available for use. And only 4% of Tarrant County hospital bed capacity is utilized by COVID patients. Mayor Newton encouraged everyone to continue good practices to include cough care, hand washing, and social distancing. City Council Minutes May 5, 2020 City of Colleyville Page 6 Mayor Newton thanked staff for finding creative ways to help our businesses during the pandemic. He summarized the success of the gift card program that infused nearly $400,000 into local business. He also told the citizens he appreciated their engagement with Colleyville businesses that drove the success of the gift card program. Mayor Newton also noted Colleyville has a planned strategy for assisting business recovery from the pandemic and the Colleyville Business Center is a major component of that strategy. Mayor Newton announced the Colleyville Business Center (CBC) is under renovation with an expected opening in mid -July, and the City has contracted with Carolyn Sims to serve part-time as CBC Manager. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4495 4a Approval of the minutes of the regular City Council meeting of April 21, 2020 4b Approval of a Construction Services Agreement with Cousin's Waterproofing, LLC dba Next Gen Construction, for the Roof Restoration Project, in an amount not to exceed $685,000, and authorizing the City Manager to execute the agreement 4c Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project Customer City meetings and an Operating Emergency Contact 4d Appointment of a Contracting Party Representative, Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System and an Operating Emergency Contact Mayor Newton read Resolution R-20-4495 in its entirety. Public Works Director Ray Silva-Reyes presented items 4b, 4c, and 4d. Regarding item 4b, Mayor Newton asked what the warranty covers and who is providing the warranty, the installer or manufacturer. Director Silva -Reyes stated the warranty is 100 percent of everything under the roof for coverage. He stated the manufacturer requires installers to be certified by the manufacturer, therefore it is a joint responsibility/warranty. Mayor Pro Tem Lindamood stated Director Silva-Reyes did a great job on the review of vendors, noting he reviewed the bids also and noted the other bidders were subcontracting, but Next Gen is performing the work on their own. Director City Council Minutes May 5, 2020 City of Colleyville Page 7 Silva-Reyes noted staff worked with a consultant to ensure a successful bidding and selection process. As items 4c and 4d were routine business and self-explanatory, there were no questions. Mayor Newton opened the public hearing at 8:26 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:26 p.m. Councilmember Dodson made a motion to approve Resolution R-20-4495, and Councilmember Rigney 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): SECOND READING AND PUBLIC HEARING 5a Ordinance O-20-2114 Approval of the adoption of the City of Colleyville Water Conservation and Drought Contingency Plan, 2020 Mayor Newton read the caption of Ordinance O-20-2114. Public Works Director Ray Silva-Reyes presented this item noting the Plan establishes minimum requirements for water conservation and drought contingency plans which are required to be reviewed and updated if necessary every five years, per the Texas Commission on Enviro nmental Quality. He stated the language and water restriction scenarios outlined in the Plan are the minimum state requirements in order to ration out potable water in the event of a severe drought. Mayor Newton stated the Plan lays out different contingencies and what is required for each stage. Mayor Newton opened the public hearing at 8:32 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:32 p.m. Councilmember Nakamura made a motion to approve Ordinance O -20- 2114, 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 May 5, 2020 City of Colleyville Page 8 6. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING Ordinances O-20-2111, O-20-2112, and O-20-2113 remained tabled. 6a 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 6b 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 6c 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 7. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING Resolution R-20-4478 remained tabled. 7a 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 Newton Survey, located at 401 Shelton Drive, Case PC20-001 8. CITIZEN COMMENTS Kathleen Hennessey, 5013 Stonebridge Drive, discussed zero lot lines, HOA covenants, and City policies regarding construction and ownership on zero lot lines. Mrs. Hennessey stated there needs to be public education regarding zero lot line zoning. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MAY 5, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20- 4496 This resolution was not needed. City Council Minutes May 5, 2020 City of Colleyville Page 9 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 8:43 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 19TH DAY OF MAY 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary