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HomeMy WebLinkAboutCity Council-Minutes-06/16/2020 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 16, 2020 CITY HALL DOORS ARE OPEN TO THE PUBLIC HAND SANITIZER IS AVAILABLE - SOCIAL DISTANCING SHOULD BE MAINTAINED WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Discussion of the health insurance renewal WS-2 Review of preliminary budget numbers WS-3 Discussion of SH26 gateway elements and review of median bids WS-4 Discussion of the June 16, 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 551.074 - 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 City Council Agenda June 16, 2020 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Katie Newkirk, First United Methodist 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-20-4507 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-20-4508 4a Approval of the minutes of the regular City Council meeting of June 2, 2020 4b Approval of a Construction Services Agreement with Consolidated Services of North America, LLC, for the City Hall and Library Roof Top Unit Replacement Project, in an amount not to exceed $338,877.90, and authorizing the City Manager to execute the agreement 4c Approval of the Q3 C-POP and Q4 Colleyville Gives Economic Development Programs 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - May 2020 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 City Council Agenda June 16, 2020 City of Colleyville Page 3 6b 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 6c 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 6d 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 6e 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 6f Ordinance O-20-2120 Consideration of amendments to Chapter 9, Section 9.21 – Sidewalks of the Land Development Code 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a 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 7b 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 June 16, 2020 City of Colleyville Page 4 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-20-4509 Consideration of a Replat for Lots 2R and 3, Block 1, of the Newgren Addition, being 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 PC20-002 8b Resolution R-20-4510 Consideration of a Minor Plat for Lot 1, Block A, of the Parvin Wilkerson Addition, being Tract 1A01B1, Abstract 1756, in the A T Young Survey, located at 218 W Glade Road, Case PC20-003 8c Resolution R-20-4511 Consideration of a Minor Plat for Lot 1, Block A, of the Patricia and Michael Addition, being Tract 1A01C1, Abstract 1756, in the A T Young Survey, located at 304 W Glade Road, Case PC20-004 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 9a Resolution R-20-4499 A resolution designating a person to fulfill the duties imposed by Tax Code Chapter 26 10. CITIZEN COMMENTS 11. REPORTS January 13, 2020 Planning and Zoning Minutes January 27, 2020 Planning and Zoning Worksession Minutes February 10, 2020 Planning and Zoning Minutes February 24, 2020 Planning and Zoning Worksession Minutes February 24, 2020 Planning and Zoning Minutes February 10, 2020 Library Board Minutes 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 16, 2020 - READING AND PUBLIC HEARING - RESOLUTION R- 20-4512 13. ADJOURNMENT City Council Agenda June 16, 2020 City of Colleyville Page 5 I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 12, 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 16, 2020 CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, June 16, 2020, at 5:04 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Councilmember Tammy Nakamura. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Human Resources Director Jesse Perez, Public Works Director Ray Silva-Reyes, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the health insurance renewal Human Resources Director Jesse Perez presented this item and answered questions of the City Council. Director Perez explained the health insurance premium bidding process and stated after final negotiations, Blue Cross\Blue Shield was the low bidder offering a premium decrease of 0.2%. City Council thanked Director Perez and stated they were pleased with this year’s results. WS-2 Review of preliminary budget numbers Finance Director Kyle Lester reviewed the last three years of significant budgeting efforts: FY 2017 - the $1.2 million transfer from Utility Fund to General Fund was eliminated and absorbed via operational efficiencies and staffing reductions; FY 2018 - operational efficiencies to absorb cost increases were continued and the only significant expenditure increase was fully funding the market increases to implement the Compensation and Classification study, and elimination of vacant positions; FY 2019 – Effective tax rate achieved, adapted processes to sustain leaner staffing model which allowed the absorption of health insurance cost increases with savings from eliminated positions, continued operational efficiencies to absorb operating cost increases; FY 2020 – Effective tax rate achieved, aligned capital expenditures with capital funds, and continued operational efficiencies to absorb operating cost increases. Director Lester stated the goal of the FY2021 budget is to more efficiently use restricted revenue for operations and to keep health insurance flat with FY20. City Council Minutes June 16, 2020 City of Colleyville Page 2 In reviewing the preliminary numbers, Director Lester stated the projection provides for the no new revenue rate, (formerly effective tax rate) continuation of the HRA program, and funding pool for merit increases at 3.5%. Director Lester reviewed all funds, as they are currently and projected, noting all projections are very conservative and there will be some adjustments as City Council and staff finalize the budget which will be adopted in September. There was discussion regarding the number of days of fund balance, the CIP, the debt service funds and the request by GRACE for a one time increase to the agency agreement. WS-3 Discussion of SH26 gateway elements and review of median bids Assistant City Manager Adrienne Lothery reviewed the timeline and processes to this point and stated seven bids had been received and are being reviewed at this time. She then introduced David Newman, MESA Design Group, who provided a brief overview of the bids received for the median and right-of-way portion of the project, noting they are vetting the bidders and will return in July with a recommendation. Mr. Newman then reviewed the SH26 gateway elements under design. There was discussion of the tower height, way finding signage, and the need to see an accurate “perspective detail” of the view when traveling SH26. WS-4 Discussion of the June 16, 2020, City Council regular agenda items Mayor Newton stated Ordinances O-20-2111 and O-20-2112 will remain tabled. Mayor Newton adjourned the Worksession at 6:30 and called the Executive Session to order at 6:30 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Councilmember Tammy Nakamura. 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 16, 2020 City of Colleyville Page 3 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 551.074 - 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 7:17 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, Mayor Pro Tem Bobby Lindamood, and Councilmembers Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Councilmember Tammy Nakamura. INVOCATION: Pastor Katie Newkirk, First United Methodist 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-20-4507 Mayor Newton read Resolution R-20-4507 in its entirety. Assistant City Manager Mark Wood stated this property purchase is for 22.28 acres along SH26, and adjoins the 15 acres which City previously purchased. Manager Wood noted the negotiated price of $4,100,000 is $4.22 per square foot and is $335,000 below appraised value. Mayor Newton opened the public hearing at 7:41 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:41 p.m. City Council Minutes June 16, 2020 City of Colleyville Page 4 Councilmember Kelley made a motion to approve Resolution R-20-4507, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition The Mayor and Councilmembers made the following announcements: COVID-19 Update: Over the last week we have seen an uptick in cases within our community. The majority of cases involved two households with multiple individuals testing positive. We had two individual cases added over the weekend. When taking into account our 14-day roll-off, the City has 12 net positive cases. Overall, Colleyville has fared well with cases remaining relatively low and no deaths, for which we are thankful. In terms of hospital capacity, Tarrant County has 32% of its hospital beds available. 68% of Tarrant County ventilators are available. In Tarrant County only 3.5% of beds are filled with COVID patients while across Texas 6.3% of beds are filled with COVID patients. Sales Tax Up in April: Sales Tax collections for April surprised all at an increase of 6.8% over last year. With businesses closed or reduced during the mandated closures related to the pandemic, Colleyville was benefitted by a large amount of online purchases. Some of our neighboring communities did not do as well. Tarrant County Small Business Assistance Grant: Judge Whitley, Commissioner Fickes, and the Tarrant County Commissioners Court have approved a small business assistance grant program. The program will be funded with $30 million from the federal CARES Act and is designed to provide financial assistance to our county’s small businesses that have been adversely affected by the COVID pandemic. The application process opens on June 22 and goes through July 1. Dollar amounts will be determined based upon application review, with a maximum grant amount of $10,000. The application process is designed to be short and streamlined. Eligible businesses can use the funds for items such as: payroll, supplier payments, rent, technology, utility payments, PPE, and inventory spoilage. In Colleyville, a majority of our commerce is small business, and this grant is a great opportunity for them. I encourage all that meet the criteria to apply. I am thankful for the leadership of our County Judge and Commissioners City Council Minutes June 16, 2020 City of Colleyville Page 5 Court to make this program happen. Too many businesses have suffered during the pandemic and hopefully this funding will help them find footing. Concert in the Plaza: First Concert in the Plaza was held this past Friday and it was a success! The band “Lone Star Attitude” performed their mix of Americana music to an audience of approximately 250 guests. Texas Ice Cream was also present to offer a cool treat. We are looking forward to many more concerts in the future. Stars & Guitars: Stars and Guitars - June 26. This year’s event will look a little different than years past as we institute physical distancing guidelines. The event will be held at City Park and will include a DJ playing popular music that will also be available onsite on the radio for those who wish to remain in cars. We will have food trucks, games, giveaways, and a spectacular firework show. You can tailgate at your car or bring a blanket and spread out on the baseball fields and have a great family friendly evening. At 6:30 p.m. the parking lot opens, event starts, food trucks start serving; 7:00 p.m. Mayor's Welcome, Color Guard, National Anthem; and 9:00 p.m. - Fireworks!!! 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. This week construction began on the John McCain Road and Westcoat Drive roundabout with a partial road closure. This project is expected to take nine months to complete. However, the intersection will remain open during construction. For questions or concerns regarding Colleyville roundabout construction, please contact Construction Manager, Corey Lawson — 817.503.1093. Farmers Market to Return: The weekly Farmer’s Market will return to the Plaza at City Hall this week Thursday (6/18) from 3 – 7 p.m. on the Plaza. We are excited to see this event return to the Plaza. SH26 Update: The new traffic signals and light poles being installed along the corridor. Additionally, we are currently reviewing bid contracts for the landscape median work to begin later this summer. The contract approval will likely appear on our next meeting agenda. Finally, we are looking at additional structures and entryway features for the corridor. We appreciate your patience as we execute these exciting final aspects of the SH26 corridor road construction. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4508 4a Approval of the minutes of the regular City Council meeting of June 2, 2020 City Council Minutes June 16, 2020 City of Colleyville Page 6 4b Approval of a Construction Services Agreement with Consolidated Services of North America, LLC, for the City Hall and Library Roof Top Units Replacement Project, in an amount not to exceed $338,877.90, and authorizing the City Manager to execute the agreement 4c Approval of the Q3 C-POP and Q4 Colleyville Gives Economic Development Programs Mayor Newton read Resolution R-20-4508 in its entirety. Public Works Director Ray Silva-Reyes presented item 4b. Councilmember Dodson asked Director Silva-Reyes if the low bidder had been analyzed as the business is located in Houston. Director Silva-Reyes stated interviews and references were conducted and verified. Assistant City Manager Adrienne Lothery presented item 4c. Mayor and Council directed staff to provide a $1,000 grant as part of the C-POP. Mayor Newton opened the public hearing at 8:06 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:06 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-20- 4508, seconded by Councilmember Rigney. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - May 2020 Finance Director Kyle Lester provided the financial report for May, stating the recap is positive throughout all accounts and revenue over the past three months of March, April, and May is above projections, which is due to the conservative management of budgeting and spending. Director Lester reviewed property tax collection, utility surplus, the Trinity River Authority true up, and sales tax. He stated Colleyville is one of three cities with positive sales tax over last year, noting as previously announced, May sales tax collection for Colleyville was up 6.8% over last year. There was discussion regarding the Finance Director presenting information regarding the Utility Fund in a different format for clarity of the data. City Council Minutes June 16, 2020 City of Colleyville Page 7 Kathy Hadley, 204 Timberline Drive North, asked to speak and was granted permission. Mrs. Hadley reminded Council many citizens have wells and she does not want to be taxed on someone else’s water usage. Mayor Newton explained to Mrs. Hadley that all citizens pay exactly the same rate per thousand gallons of water. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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-20-2115. 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. There were no questions. Mayor Newton opened the public hearing at 8:24 p.m. Kathy Hadley, 204 Timberline Drive North, stated she supports the zoning. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:25 p.m. Councilmember Wheat made a motion to approve Ordinance O-20-2115, seconded by Mayor Pro Tem Lindamood. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 6b 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 City Council Minutes June 16, 2020 City of Colleyville Page 8 1756, in the A T Young Survey, located at 218 W Glade Road, Case ZC20- 004 Mayor Newton read the caption of Ordinance O-20-2116. 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. At the request of the City Council Planner Reyff provided a visual slide showing the width and depth of the surrounding properties. Mayor Newton stated he is comfortable with the zoning as R-40 is the largest zoning category for the lot size which can be used here. Mayor Newton opened the public hearing at 8:28 p.m. Kathy Hadley, 204 Timberline Drive North, stated she supports the zoning. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:29 p.m. Councilmember Rigney made a motion to approve Ordinance O-20-2116, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 6c 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-20-2117. City Council Minutes June 16, 2020 City of Colleyville Page 9 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. Mayor Newton stated this case is almost the same as the previous. There were no questions. Mayor Newton opened the public hearing at 8:32 p.m. Kathy Hadley, 204 Timberline Drive North, stated she supports the zoning. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:33 p.m. Councilmember Kelley made a motion to approve Ordinance O-20-2117, seconded by Mayor Pro Tem Lindamood. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 6d 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-20-2118. 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. The applicant could not be present, but provided a video showing the property and explaining the need for the SUP. Jeff Polk, 5705 Ponderosa, the home builder representing the applicant, explained when the house was being built, they applied for a variance for a care taker’s suite which was approved and permitted for a one story. At the time of the approval a shell was constructed, but not finished. Mayor Newton asked Mr. Polk if having an accessory dwelling was always the plan, why was an SUP not applied for first. Mr. Polk replied an SUP was applied for first, but the variance was granted for the one story, instead of the SUP due to the client’s health and the challenges of the land. City Council Minutes June 16, 2020 City of Colleyville Page 10 Mayor Newton stated the City Council has a big concern regarding the use of accessory dwellings, however, in this case, it is clearly needed. He stated he is willing to allow the SUP for this resident, but is not in agreement to allowing it to continue when the current owner leaves. The City Council agreed. Mayor Newton opened the public hearing at 8:48 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this item with concerns for fairness and uniformity. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:50 p.m. Councilmember Dodson made a motion to approve Ordinance O-20-2118, with an amendment that the SUP will expire with the sale of the home, seconded by Councilmember Kelley. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 6e 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 stated at the last meeting City Council had suggested lowering the SUP criteria from 15% or more of sales based on the retail sale of products related to or derived from CBD oil or hemp to 1%, and the ordinance has been updated to reflect the same. Mayor Newton opened the public hearing at 8:53 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in support of this item noting CBD is a natural pain reliever. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:55 p.m. City Council Minutes June 16, 2020 City of Colleyville Page 11 Councilmember Rigney made a motion to approve Ordinance O-20-2119, seconded by Mayor Pro Tem Lindamood. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 6f 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 8:57 p.m. Kathy Hadley, 204 Timberline Drive North, spoke with concern for sidewalk size and location within her neighborhood. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:59 p.m. Councilmember Kelley made a motion to approve Ordinance O-20-2120, seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura Mayor Newton stated Ordinances O-20-2111 and O-20-2112 will remain tabled. City Council Minutes June 16, 2020 City of Colleyville Page 12 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a 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 7b 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 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-20-4509 Consideration of a Replat for Lots 2R and 3, Block 1, of the Newgren Addition, being 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 PC20-002 Mayor Newton read Resolution R-20-4509 in its entirety. Principal Planner Jackie Reyff presented this item and stated this item and the following two are based on zoning approved earlier this evening for all three properties. Mayor Newton provided clarification regarding the location of the sewer line easement. There were no questions. Mayor Newton opened the public hearing at 9:05 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:05 p.m. Councilmember Dodson made a motion to approve Resolution R-20-4509, seconded by Councilmember Rigney. The motion to approve carried by the following vote: City Council Minutes June 16, 2020 City of Colleyville Page 13 Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 8b Resolution R-20-4510 Consideration of a Minor Plat for Lot 1, Block A, of the Parvin Wilkerson Addition, being Tract 1A01B1, Abstract 1756, in the A T Young Survey, located at 218 W Glade Road, Case PC20-003 Mayor Newton read Resolution R-20-4510 in its entirety. Principal Planner Jackie Reyff presented this item and stated this item and the following two are based on zoning approved earlier this evening for all three properties. There were no questions. Mayor Newton opened the public hearing at 9:07 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:07 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-20- 4510, seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 8c Resolution R-20-4511 Consideration of a Minor Plat for Lot 1, Block A, of the Patricia and Michael Addition, being Tract 1A01C1, Abstract 1756, in the A T Young Survey, located at 304 W Glade Road, Case PC20-004 Mayor Newton read Resolution R-20-4511 in its entirety. Principal Planner Jackie Reyff presented this item and stated this item and the following two are based on zoning approved earlier this evening for all three properties. There were no questions. City Council Minutes June 16, 2020 City of Colleyville Page 14 Mayor Newton opened the public hearing at 9:09 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:09 p.m. Councilmember Rigney made a motion to approve Resolution R-20-4511, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 9a Resolution R-20-4499 A resolution designating a person to fulfill the duties imposed by Tax Code Chapter 26 Mayor Newton made a motion to remove Resolution R-20-4499 from the table, seconded by Councilmember Kelley and passed unanimously. Mayor Newton read Resolution R-20-4499 in its entirety. Mayor Newton stated this resolution is in response to legislative changes and specifies a City employee to perform some of the specific duties. There were no questions. Mayor Newton opened the public hearing at 9:12 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:12 p.m. Councilmember Dodson made a motion to approve Resolution R-20-4499, seconded by Councilmember Rigney. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney Absent: Councilmember Nakamura 10. CITIZEN COMMENTS City Council Minutes June 16, 2020 City of Colleyville Page 15 Kathy Hadley, 204 Timberline Drive North, spoke regarding wanting to save her neighbor’s tree, net fishing at the Nature Center and requesting signage in the Center and proper road signage at Church Street and SH26. Mrs. Hadley also asked for a variety of trees to be used in the medians on SH26. Braxton Russell, 1805 Camden Green, told the City Council he is working on his Eagle Scout badge and thanked the Council for allowing him to be present at the meeting and for all they do. 11. REPORTS January 13, 2020 Planning and Zoning Minutes January 27, 2020 Planning and Zoning Worksession Minutes February 10, 2020 Planning and Zoning Minutes February 24, 2020 Planning and Zoning Worksession Minutes February 24, 2020 Planning and Zoning Minutes February 10, 2020 Library Board Minutes There was no discussion of this item. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 16, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20- 4512 This resolution was not needed. 13. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 9:22 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 7TH DAY OF JULY 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary