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HomeMy WebLinkAboutCity Council-Minutes-06/02/2020 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, June 2, 2020 CITY HALL DOORS ARE OPEN TO THE PUBLIC HAND SANITIZER IS AVAILABLE AT THE ENTRY DOORS SIX FOOT SOCIAL DISTANCING IS REQUIRED TO BE MAINTAINED WORKSESSION 4:30 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 Budget 101 - Process Overview WS-2 Discussion of the Drainage Utility System Rate Study WS-3 Discussion of Stars and Guitars 2020 WS-4 Discussion of North Central Texas Council of Governments Regional Transportation Council member representative WS-5 Discussion of the June 2, 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 for Roberts Road Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager City Council Agenda June 2, 2020 City of Colleyville Page 2 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBER INVOCATION: Associate Pastor Patrick Webb, Colleyville Presbyterian 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-20-4502 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-20-4503 4a Approval of the minutes of the regular City Council meeting of May 19, 2020 4b Approval of an Interlocal Cooperation Agreement to accept CARES Act Funding in the amount of $1,395,350 4c Approval of a proposal for the purchase and installation of license plate readers on SH26, in coordination with the installation of the decorative light poles, in an amount not to exceed $225,025, and authorizing the City Manager to execute the documents 4d Amending Resolution R-20-4464 by approving the revised City of Colleyville City Hall Polling Place Electioneering Regulations (Exhibit B) and Electioneering Designation Map (Exhibit A) City Council Agenda June 2, 2020 City of Colleyville Page 3 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-20-2115 Consideration of a zoning change request from the R-40 Single Family Residential district and AG Agricultural district to the RE Single Family ‘Estate’ Residential district on Lot 2, Block 1, of the Newgren Addition and Tract 4, Abstract 295, in the William E Crooks Survey, located at 108 and 7204 John McCain Road, Case ZC20-003 5b Ordinance O-20-2116 Consideration of a zoning change request from AG Agricultural district to the R-40 Single Family Residential district on Tract 1A01B1, Abstract 1756, in the A T Young Survey, located at 218 W Glade Road, Case ZC20-004 5c Ordinance O-20-2117 Consideration of a zoning change request from the AG Agricultural district to the R-40 Single Family Residential district on Tract 1A01C1, Abstract 1756, in the A T Young Survey, located at 304 W Glade Road, Case ZC20-005 5d Ordinance O-20-2118 Consideration of a Special Use Permit for an Accessory Dwelling on Lot 8, Block 2, of the Westcoat Place Addition, located at 6009 Westcoat Drive, Case ZC20-006 5e Ordinance O-20-2119 Consideration of amendments to Chapter 2 - Definitions and Chapter 3, Section 3.24.B – Schedule of Permitted Principal Uses & Section 3.24.C – Special Land Use Standards of the Land Development Code specific to Cannabidiol (CBD) Stores 5f Ordinance O-20-2120 Consideration of amendments to Chapter 9, Section 9.21 – Sidewalks of the Land Development Code 5g Ordinance O-20-2121 Request to appeal the decision of the Planning and Zoning Commission for consideration of a request for a Special Use Permit for an accessory building to exceed the 4% lot coverage allowance and a reduction in setbacks to property lines on Lot 1, Block 1, of the G&R Addition, located at 2313 Hall-Johnson Road, Case ZC20-007 City Council Agenda June 2, 2020 City of Colleyville Page 4 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-20-4504 A resolution providing for the City of Colleyville to participate in the Tarrant County Community Development Block Grant, Home Investment Partnership and Emergency Solutions Grant Consortium 7b Resolution R-20-4505 Approving support of the City of Colleyville Active Transportation and Safe Routes to School Projects and requests for funding through the Regional Transportation Council 2020 Transportation Alternatives Call for Projects program and authorizing staff to proceed with the grant application submission 8. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 8a 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 8b Resolution R-20-4499 A resolution designating a person to fulfill the duties imposed by Tax Code Chapter 26 9. CITIZEN COMMENTS City Council Agenda June 2, 2020 City of Colleyville Page 5 10. REPORTS 10a Quarterly Performance Management Report 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 2, 2020 - READING AND PUBLIC HEARING - RESOLUTION R- 4506 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 29, 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, June 2, 2020 CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, June 2, 2020, at 4:33 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, Chuck Kelley and Callie Rigney. BY WEBEX: Councilmember George Dodson. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Public Works Director Ray Silva-Reyes, Finance Director Kyle Lester, Community Relations Specialist Ronni Orr, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Budget 101 - Process Overview Finance Director Kyle Lester presented this item by providing the budget background which explained all funds and their purpose, adoptions, restrictions, and use. He further explained the budget process and timelines, and the Comprehensive Annual Financial Report (CAFR). Director Lester stated the tax rate is set before adoption of the budget and explained the property tax rates have two components: maintenance and operations (M&O) and interest and sinking (I&S). He defined the No-New-Revenue Rate (previously the Effective Rate) as the rate that would produce the same amount of taxes if applied to the same properties taxed in both years, without new construction. The Voter- Approval Rate (previously the Rollback Rate) is defined as the rate for just the M&O portion of the tax rate, plus 3.5%, plus the debt service tax rate. If a taxing unit adopts a rate above the voter approval rate, there will be a mandatory election on the tax increase. Director Lester reviewed the tax rate of surrounding cities and stated Colleyville is projecting to meet the no new revenue rate again in FY21, the third year in a row. Mayor Newton stated there has been a lot of discussion in the media regarding the maximum tax rate and asked Director Lester if the property tax rate can go to 8% without an election due to the Corona Virus pandemic. Director Lester stated Governor Abbot has ruled the pandemic did not have an impact on property value, therefore, the property tax rate cannot be exceeded. Mayor Newton reiterated Colleyville is projecting to meet the no new revenue projections for this year, even with the pandemic, and is planning the FY21 budget to also project the no new revenue rate. City Council Minutes June 2, 2020 City of Colleyville Page 2 WS-2 Discussion of the Drainage Utility System Rate Study Public Works Director Ray Silva-Reyes presented a background of this project and introduced Sol Stigall, Principal with Westra Consultants, the City’s consultant for the study. Mr. Stigall gave a background and purpose of a drainage fee noting fees provide a revenue source to fund capital stormwater projects needed to provide for adequate drainage and protect property from flooding, for operation and maintenance of the existing drainage systems, and to pay for federally mandated requirements of the Clean Water Act and the Texas Commission on Environmental Quality (TCEQ) stormwater permit. The presentation focused on three options which include maintaining a flat fee, creating a fee whereby all non- residential properties pay the same rate per an established equivalent residential unit, and residential properties pay based on a range of impervious areas, and a fee so all properties pay the same rate per square foot of impervious area. Mr. Stigall provided researched scenarios for each option and a comparison of area cities fees and methodology. There were general questions and discussion regarding calculations, land use, land measurement, tiers, phasing, and communication. Mayor Newton noted this discussion is about strategy and how to move forward and polled the Council for their opinion regarding leaving the fee as is, or to zero in on an option and work toward methodically developing a structure. All agreed they would like to move forward in developing a structure and asked Director Silva-Reyes and Mr. Stigall to continue to gather information based on impervious area and run-off per lot size and use for presentation at additional worksessions. WS-3 Discussion of Stars and Guitars 2020 Community Relations Specialist Ronni Orr presented a suggested revised format and schedule of activities for Stars and Guitars 2020 due to the pandemic. She stated a contract with Joe Nichols had not been signed and many area cities have cancelled Fourth of July celebrations. Specialist Orr outlined this year’s event stating it would be held at City Park, June 26, 6:30-10:00 p.m. and would be a family friendly tailgate-style event where attendees could bring a blanket and sit on the fields or remain in their cars on the parking lot to watch a fireworks display. There will be hand wash/sanitizer stations, games, food trucks, entertainers, and a DJ streaming to vehicles, with fireworks at 9:30 p.m. Specialist Orr also suggested the City may consider moving the Stars and Guitars event to City Park permanently to accommodate larger crowds and a larger stage for big name bands. She noted the baseball field fencing could be temporarily removed and there would be more parking for guests. Councilmember Nakamura stated she would like to revisit the 2021 plan after this year’s event. Mayor and Council agreed and directed staff to thoroughly City Council Minutes June 2, 2020 City of Colleyville Page 3 communicate with the public regarding parking, overflow, additional viewing sites, and suggested trying to secure more food trucks. WS-4 Discussion of North Central Texas Council of Governments Regional Transportation Council member representative Mayor Newton explained the Regional Transportation Council (RTC) is primarily composed of local elected officials, and is the transportation policy body for the Metropolitan Planning Organization (MPO) for the Dallas/Fort Worth Metropolitan Area. Colleyville is in a group composed of the cities of Hurst, Euless, Bedford, Grapevine, Southlake, Westlake, Trophy Club, and Roanoke, and shares a seat on the RTC. The Mayors share a weighted vote to nominate and elect a representative and alternate. The current representative is Euless Mayor Pro Tem Jeremy Tompkins, and the alternate representative is Trophy Club Mayor Nick Sanders. Mayor Newton stated the vote must be in writing and it would be his intention to continue to support the current representatives. There were no questions and City Council agreed. WS-5 Discussion of the June 2, 2020 City Council regular agenda items Mayor Newton stated the agenda is long, and noted Ordinances O-20-2111 and O- 20-2112 will remain tabled as there has been no activity to date, Ordinance O-20- 2121 for an SUP has been withdrawn by the applicant, and Resolutions R-20-4478 and R-20-4499 will be removed from the table. Mayor Newton adjourned the worksession at 6:09 p.m. Mayor Newton called the Executive Session to order at 6:09 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, Chuck Kelley and Callie Rigney. BY WEBEX: Councilmember George Dodson. 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 City Council Minutes June 2, 2020 City of Colleyville Page 4 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 for Roberts Road Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager 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, Section 551.074 – Personnel, 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 7:27 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:43 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, Chuck Kelley and Callie Rigney. BY WEBEX: Councilmember George Dodson. INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian PLEDGE OF ALLEGIANCE: Mayor Richard Newton Mayor Newton welcomed everyone and apologized for the late start. He noted it was a long agenda, Ordinance O-20-2121 for an SUP was withdrawn by the applicant, and Ordinances O-20-2111 and O-20-2112 will remain tabled. 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4502 This resolution was not needed. City Council Minutes June 2, 2020 City of Colleyville Page 5 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 the City Council made the following announcements. COVID-19 Update: An item on the Consent Agenda provides for the allocation of nearly $1.4 million in funding from the Federal Government via Tarrant County. We thank Judge Whitley, Commissioner Fickes, and the Commissioners Court for this allocation of funds to assist our community in response to COVID-19. Additionally, just yesterday, Tarrant County introduced a Small Business Assistance Grant Program which will distribute $30 million in federal funds to small businesses (under 25 employees) across the county. We have provided links to this program on our website and encourage all of our small businesses to apply. Colleyville Car Show Wrap-up: Thank you to all the Colleyville car enthusiasts who joined us Saturday for our second annual Colleyville Car Show. The event was a huge success with 263 entries. This year’s winners include: Award Class: Year/Make/Model: Owner: Best in Show 1967 Chevrolet Chevelle SS David Williams Mayor’s Choice 1963 Chevrolet Split Window Corvette Mike Sartain Best Import 1958 Triumph TR3 Justin VanDertuin Best Domestic 1970 Chevrolet Chevelle John Krenn Best Interior 1957 Chevy Bel Aire Thomas Wiemann Best Exterior 1961 Chevrolet Impala Convertible Jerry Donald People’s Choice – 1 1971 Buick G.S./REO Van Easley People’s Choice – 2 1967 Chevrolet Camaro Bryan Chancellor People’s Choice – 3 1977 Chevrolet C10 Eric Pierce Concert Dates In the Plaza: On June 12 at 6 PM a free concert will be held at the Plaza. The first Plaza concert features Lone Star Attitude, the Americana party band for Texas. Lone Star Attitude's timeless mix of Americana (country, rock, blues, and roots) encompasses the full spectrum of the Texas music experience. Please join us for this first concert at the Plaza. Park Program Registration Open: Summer recreation classes and programs are open for registration. Many of these programs have been revised from the original brochure due to COVID-19. Please contact the Parks & Recreation department at 817-503-1180 for more information on summer programming and to register. McPherson Park Splash Pad Open: The splash pad at McPherson Park (240 W. McDonwell School Road) is now open. Operating hours will be 10 a.m. to 8 p.m. The Governor's most recent proclamation has opened water parks to operate up to 25% of normal operating limits. Please be mindful that 25% capacity at the splash City Council Minutes June 2, 2020 City of Colleyville Page 6 pad is 28 persons. Signs will be placed to remind residents about occupancy limitations. GCISD Parade for Graduating Seniors: The cities of Colleyville and Grapevine partnered with GCISD for a Class of 2020 Senior Send-off Parade on Thursday, May 21. This event included more than 600 vehicles and gave our seniors a wonderful send-off. Thank you to all who work so hard to make this event special for our seniors and their families. McDonwell School Road Update: The intersection at McDonwell School Road and Westcoat is fully closed for construction of a roundabout. Closure is anticipated to continue through August 16. Two-way traffic flow is open on McDonwell School Road and Westcoat allowing residents access to homes. Detour signage is present along roadways during construction. Beginning June 15, construction will begin on the John McCain Road and Westcoat Drive roundabout with a partial road closure. Further details will be provided as the project date approaches. For questions or concerns regarding Colleyville roundabout construction, please contact Construction Manager, Corey Lawson — 817.503.1093. Colleyville Fire Dept. achieves the 2020 Mission: Lifetime EMS Bronze PLUS: For their first year of submission, Colleyville Fire Department achieved the 2020 Mission: Lifeline EMS Bronze Plus recognition which will make them eligible for Silver next year. Lifeline EMS Recognition measures early ECG acquisition, recognition of heart attack, notification of emergency department, and activation of a cardiac cath lab which leads to timely reperfusion of the heart. The national goal for EMS and hospitals goal for cardiac reperfusion is ≤ 90 minutes from the first medical contact and ≤ 30 minutes from the time ambulance arrives at the emergency department. Colleyville Fire Department consistently meets these goals with our local hospital partners. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4503 4a Approval of the minutes of the regular City Council meeting of May 19, 2020 4b Approval of an Interlocal Cooperation Agreement to accept CARES Act Funding in the amount of $1,395,350 4c Approval of a proposal for the purchase and installation of license plate readers on SH26, in coordination with the installation of the decorative light poles, in an amount not to exceed $225,025, and authorizing the City Manager to execute the documents City Council Minutes June 2, 2020 City of Colleyville Page 7 4d Amending Resolution R-20-4464 by approving the revised City of Colleyville City Hall Polling Place Electioneering Regulations (Exhibit B) and Electioneering Designation Map (Exhibit A) Mayor Newton stated in the interest of time he is removing item 4d from the consent agenda for discussion as a stand-alone resolution at a future meeting. Mayor Newton read Resolution R-20-4503 in its entirety. Emergency Management Coordinator Kenny Phillips presented item 4b, and Police Chief Michael Miller presented item 4c. Regarding item 4b, Mayor Newton asked Coordinator Phillips if there is a possibility the City will receive more funds. Coordinator Phillips advised any funding not used by December 31, 2020 must be returned to the County and the County is considering using those returned funds for Small Business Loans. City Manager Jerry Ducay thanked Coordinator Phillips for all his work to help citizens and stated he has done a fantastic job. Responding to questions regarding item 4c, Chief Miller stated only the image of the back of a vehicle and license plate is captured, however, the technology is capable of capturing the front of the vehicle, but it is not used. He went on to explain the data is only shared by the State who oversees the collection and distribution of the data. Mayor Newton opened the public hearing at 8:31 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to item 4c with concerns for how the information would be used if Chief Miller leaves the City, “big brother” having too much information on individual citizens, and police interaction with those afflicted by PTSD. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:34 p.m. Mayor Newton addressed the concerns shared by Mrs. Hadley, advising her the City Council asked Chief Miller many questions regarding the system and there are safety measures in place which include very controlled access, mandated auditing, and policies regarding the use and audit. Councilmember Dodson made a motion to approve Resolution R-20-4503, and Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: City Council Minutes June 2, 2020 City of Colleyville Page 8 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-20-2115 Consideration of a zoning change request from the R-40 Single Family Residential district and AG Agricultural district to the RE Single Family ‘Estate’ Residential district on Lot 2, Block 1, of the Newgren Addition and Tract 4, Abstract 295, in the William E Crooks Survey, located at 108 and 7204 John McCain Road, Case ZC20-003 Mayor Newton read the caption of Ordinance O-22-2115. Principal Planner Jackie Reyff presented this item stating the applicant is requesting to rezone approximately 5.546 acres, which are currently zoned R-40 Single Family Residential and AG Agricultural to RE Single Family 'Estate' Residential zoning and are currently developed with single family homes and accessory buildings. Mayor Newton stated this was straight forward zoning. There were no questions. Mayor Newton opened the public hearing at 8:39 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:39 p.m. This was a first reading, therefore no action was taken. 5b Ordinance O-20-2116 Consideration of a zoning change request from AG Agricultural district to the R-40 Single Family Residential district on Tract 1A01B1, Abstract 1756, in the A T Young Survey, located at 218 W Glade Road, Case ZC20-004 Mayor Newton read the caption of Ordinance O-22-2116. Principal Planner Jackie Reyff presented this item stating the applicant is requesting to rezone one acre from the AG Agricultural district to the R-40 Single Family Residential district to allow for construction of a new single-family residential dwelling in the future and retain the current accessory building at the rear of the property. Planner Reyff noted the lot width is 105 feet and the requirement for R-40 is lot width of 150 feet and the applicant will be filing a plat waiver for lot width. There were questions regarding the width of the surrounding properties. Mayor Newton asked Planner Reyff to have lot widths at the next meeting when City Council will take action. There were no other questions. City Council Minutes June 2, 2020 City of Colleyville Page 9 Mayor Newton opened the public hearing at 8:43 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:43 p.m. This was a first reading, therefore no action was taken. 5c Ordinance O-20-2117 Consideration of a zoning change request from the AG Agricultural district to the R-40 Single Family Residential district on Tract 1A01C1, Abstract 1756, in the A T Young Survey, located at 304 W Glade Road, Case ZC20-005 Mayor Newton read the caption of Ordinance O-22-2117. Principal Planner Jackie Reyff presented this item stating the applicant is requesting to rezone one acre from the AG Agricultural district to the R-40 Single Family Residential district. There were no questions. Mayor Newton opened the public hearing at 8:46 p.m. Mayor Newton asked Phyllis Veatch, 4709 Manning Drive, representing the applicant to come forward and asked Mrs. Veatch if the lots are being platted or if they are already sold. Mrs. Veatch stated there are contracts on both lots, one will be for new construction, the other for a remodel. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:48 p.m. This was a first reading, therefore no action was taken. 5d Ordinance O-20-2118 Consideration of a Special Use Permit for an Accessory Dwelling on Lot 8, Block 2, of the Westcoat Place Addition, located at 6009 Westcoat Drive, Case ZC20-006 Mayor Newton read the caption of Ordinance O-22-2118. Principal Planner Jackie Reyff presented this item stating the applicant is requesting approval of an SUP to allow for a 534 s.f. attached accessory dwelling to allow for a caretakers suite in order to have in-home assistance due to health reasons. At this time, the family desires to complete the build out for a 534 s.f. attached accessory dwelling. There was discussion regarding access to the house from the dwelling and the contents. The applicant was not present to answer the questions. Mayor Newton explained the City Council has real concerns regarding rentals and this is why City Council Minutes June 2, 2020 City of Colleyville Page 10 these questions are being asked and they will need answers from the applicant at the next meeting. City Manager Jerry Ducay asked the City Attorney if at the next meeting he will define whether or not an accessory dwelling is a detached structure. He asks the question because in this case if this is an extension of the primary structure, the point is moot and an SUP would not be required. Mayor Newton disagreed with the potential process, noting they recently extended an SUP to an applicant in a similar situation with a suite inside the home. Mayor Newton opened the public hearing at 8:58 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:58 p.m. This was a first reading, therefore no action was taken. 5e Ordinance O-20-2119 Consideration of amendments to Chapter 2 - Definitions and Chapter 3, Section 3.24.B – Schedule of Permitted Principal Uses & Section 3.24.C – Special Land Use Standards of the Land Development Code specific to Cannabidiol (CBD) Stores Mayor Newton read the caption of Ordinance O-20-2119. Principal Planner Jackie Reyff presented this item noting City Council directed staff to move forward with amendments to the Land Development Code (LDC) to address CBD stores. This directive was given as there have been several requests to locate a CBD store within the limits of Colleyville and the LDC does not identify this use in the Schedule of Permitted Principal Uses chart. There was discussion regarding an SUP being required only if 15% or more of sales are based on the retail sale of products related to or derived from CBD oil or hemp. Mayor Newton stated he believes 15% is too high and suggested 1%, Councilmember Dodson stated he would like an SUP to be required for any sales, and Councilmember Wheat state she is in agree with a small percentage. Mayor Newton stated he is not sure where CBD is going as far as a marketable product, but he believes the question is do we want it in Colleyville. Mayor Newton opened the public hearing at 9:09 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in support of this item stating CBD is not an evil product, is a natural pain reliever and aids people and pets and urged its allowed sale in Colleyville. City Council Minutes June 2, 2020 City of Colleyville Page 11 There were no others wishing to speak and Mayor Newton closed the public hearing at 9:11 p.m. This was a first reading, therefore no action was taken. 5f Ordinance O-20-2120 Consideration of amendments to Chapter 9, Section 9.21 – Sidewalks of the Land Development Code Mayor Newton read the caption of Ordinance O-20-2120. Principal Planner Jackie Reyff presented this item noting City Council passed Resolution R-18-4282 on July 2, 2018 adopting the Sidewalk Policy and Resolution R-19-4447 on December 3, 2019 adopting the Sidewalks and Trails Map and that resolution rescinded all previous sidewalk policies and maps and directed staff to provide for amending the Land Development Code to accept the 2019 Sidewalks and Trail Map, replacing all references to any preceding maps. Mayor Newton stated the City Council previously set the policy and this action will codify the policy and map as a final step. Mayor Newton opened the public hearing at 9:14 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:14 p.m. This was a first reading, therefore no action was taken. Mayor Newton stated the applicant has withdrawn Ordinance O-20-2121, and Ordinances O-20-2111 and O-20-2112 will remain tabled. Mayor Newton called a recess at 9:16 p.m. 5g Ordinance O-20-2121 Request to appeal the decision of the Planning and Zoning Commission for consideration of a request for a Special Use Permit for an accessory building to exceed the 4% lot coverage allowance and a reduction in setbacks to property lines on Lot 1, Block 1, of the G&R Addition, located at 2313 Hall-Johnson Road, Case ZC20-007 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 City Council Minutes June 2, 2020 City of Colleyville Page 12 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 Mayor Newton reconvened the meeting at 9:24 p.m. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-20-4504 A resolution providing for the City of Colleyville to participate in the Tarrant County Community Development Block Grant, Home Investment Partnership and Emergency Solutions Grant Consortium Mayor Newton read Resolution R-20-4504 in its entirety. City Manager Jerry Ducay stated this resolution will allow the City to apply for federal funds and he believes the Senior Center may be a candidate. Although the probability of funding is small, staff is willing to apply. Mayor Newton opened the public hearing at 9:37 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:37 p.m. Councilmember Kelley made a motion to approve Resolution R-20-4504, 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 7b Resolution R-20-4505 Approving support of the City of Colleyville Active Transportation and Safe Routes to School Projects and requests for funding through the Regional Transportation Council 2020 Transportation Alternatives Call for Projects program and authorizing staff to proceed with the grant application submission Mayor Newton read Resolution R-20-4505 in its entirety. City Engineer Larry Wright stated staff is submitting the Nature Center Trail Project for grant consideration through the Regional Transportation Council (RTC) Transportation Alternatives Set-Aside Program. The RTC requires City Council approval of a resolution to allow for the submittal of the projects and a commitment to funding the project if the grant is awarded. City Council Minutes June 2, 2020 City of Colleyville Page 13 The project would fund a trail from the Nature Center, across SH26 to Sparger Park at an estimated cost of $2 million (the grant would fund 80%, the City would be responsible for 20%). Mayor Newton asked what the time frame is for the project. Engineer Wright stated September 2021 and noted the consultant is working on the design, so if approved, the project is shovel ready. Councilmember Nakamura asked if the project would move forward if the grant was not received. City Manager Ducay stated the funds are necessary. Mayor Newton opened the public hearing at 9:45 p.m. Kathy Hadley, 204 Timberline Drive North, spoke with concern for not being able to control the project and the State being able to direct how the trail is completed. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:46 p.m. Councilmember Wheat made a motion to approve Resolution R-20-4505, 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 8. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 8a 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 Mayor Pro Tem Lindamood made a motion to remove Resolution R-20- 4478 from the table, and Councilmember Rigney seconded the motion which passed unanimously. Mayor Newton read Resolution R-20-4478 in its entirety. Principal Planner Jackie Reyff presented this item noting it was tabled at the June 19, 2020 City Council Meeting to allow the applicant to revise the plat to show public streets. Additionally, the applicant has submitted exhibits showing the proposed landscape enhancements along Shelton Drive, and the Engineering City Council Minutes June 2, 2020 City of Colleyville Page 14 Department has provided drainage plans for Rustic Oaks, Oakleigh, and Preston Manor. Osama Nashed, Senior Associate, ANA Consultant, 5000 Thompson Terrace, representing the owner/developer, responded to questions from the City Council regarding the landscape enhancements, columns, and gates within the development. City Engineer Larry Wright provided an overview of the Rustic Oaks drainage plan which is a pipe system which discharges to Little Bear Creek, the Oakleigh detention pond, and the Preston Manor system, and explained each of their flow rates and capacities. There was further discussion regarding the trees and the City’s dedication of the triangular piece of property. Mayor Newton opened the public hearing at 10:19 p.m. James Day, 805 Shelton Drive, spoke in opposition to the density. Mayor Newton stated the zoning is already in place and the City Council cannot change the zoning. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the density and stated her property is an acre and zoned R-20, she does not know when the standards were changed, but, she would like this developer to be held to a one acre lot size. Mayor Newton stated he agreed with Mrs. Hadley and he would recommend she and her neighbors petition for R-40 zoning for their protection. There were no others wishing to speak and Mayor Newton closed the public hearing at 10:29 p.m. Mayor Newton thanked the developer for all the changes and tradeoff for the right- of-way and agreed he approves the project. Councilmember Rigney made a motion to approve 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 City Council Minutes June 2, 2020 City of Colleyville Page 15 8b Resolution R-20-4499 A resolution designating a person to fulfill the duties imposed by Tax Code Chapter 26 Councilmember Wheat made a motion to remove Resolution R-20-4499 from the table, and Councilmember Nakamura seconded the motion which passed unanimously. Mayor Newton read Resolution R-20-4499 in its entirety. City Attorney Whitt Wyatt presented this item stating legislation does not speak to providing the duty of tax assessor/collector, the City Charter does. The charter provides for the ability to create a department of taxation, but the City has outsourced to GCISD since 1973. He further went on to say the Charter recognizes the City CFO as the responsible party. Mayor Newton asked what the legislation requires. City Attorney Wyatt stated appointment of a tax assessor/collector. Mayor Newton stated he still has a problem understanding the need for this resolution and disagrees with the requirements. Mayor Newton made a motion to table Resolution R-20-4499, and Councilmember Wheat 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 9. CITIZEN COMMENTS James Day, 805 Shelton Drive, thanked Mayor Pro Tem Lindamood and Councilmember Kelley for their action and assistance to a recent problem he had and stated he is thankful and indebted. Kathy Hadley, 204 Timberline Drive North, spoke regarding the ponds at Colleyville Center needing to be more accessible to geese, and the property on Bransford Road which was formerly a nursing care facility. 10. REPORTS 10a Quarterly Performance Management Report There was no discussion of this item. City Council Minutes June 2, 2020 City of Colleyville Page 16 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 2, 2020 - READING AND PUBLIC HEARING - RESOLUTION R- 4506 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 10:55 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 16TH DAY OF JUNE 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary