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HomeMy WebLinkAboutCity Council-Minutes-07/07/2020 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, July 7, 2020 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Follow-up discussion of SH26 Gateway Elements WS-2 Discussion of the draft Capital Improvement Program (CIP) WS-3 Discussion of landscape design for Glade Road/Riverwalk Drive roundabout WS-4 Discussion of a date for the City Council Goal Setting Worksession WS-5 Discussion of the July 7, 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 551.074 - 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 July 7, 2020 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Jeff Strickland, Journey Church 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-20-4513 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-20-4514 4a Approval of the minutes of the regular City Council meeting of June 16, 2020 4b Approval of the renewal of Superior Vision Insurance, and renewal and award of medical and dental insurance to BlueCross/BlueShield of Texas, and authorizing the City Manager to execute the agreements 4c Approval of a Construction Services Agreement with The Fain Group, Inc., for the SH26 Beautification Project, in an amount not to exceed $5,748,040.30, and authorizing the City Manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-20-2122 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 1, Block 1, of the Stowe Addition, located at 816 Shelton Drive, Case ZC20-009 5b Ordinance O-20-2123 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 1, Block 8, Creekside at Colleyville, Phase 3, located at 3501 LeJoie Lane, Case ZC20-010 City Council Agenda July 7, 2020 City of Colleyville Page 3 5c Ordinance O-20-2124 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Special Use Permit for a fence to extend into the required street side yard on Lots 9 & 10, Block 8, Creekside at Colleyville, Phase 3, located at 3609 LeJoie Lane and 3608 Valmur Avenue, Case ZC20-011 5d Ordinance O-20-2125 Consideration of amendments to Chapter 1, Section 1.17 of the Land Development Code, specifically for the permitting of expiration of vested project rights 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-20-4515 Approving a resolution amending Resolution R-20-4464 by approving the revised City of Colleyville City Hall Polling Place Electioneering Regulations and Electioneering Designation Map 8. CITIZEN COMMENTS 9. REPORTS Planning and Zoning Commission Minutes - May 11, 2020 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JULY 7, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20- 4516 City Council Agenda July 7, 2020 City of Colleyville Page 4 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, July 2, 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, July 7, 2020 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, July 7, 2020, at 5:03 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Public Works Director Ray Silva-Reyes, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. Mayor Newton welcomed everyone and stated the room has been rearranged to provide appropriate social distancing and remove the need for masks. WS-1 Follow-up discussion of SH26 Gateway Elements Assistant City Manager Adrienne Lothery introduced this item stating the purpose of this presentation is to receive direction from City Council with the goal of being able to move toward preparation of construction documents and going out to bid. David Newman and Stan Cowan, MESA, reviewed the designs and provided a “perspective” video for the gateway elements and answered questions of the City Council. There was general discussion of stone signage, the tower heights with finials, and the project timeline. The City Council directed MESA to move forward with the towers being the tallest option presented. That is 90 feet in height for the southern gateway, the John McCain and Main Street towers were shorter. Councilmember Kelley stated for the record he thought the 90 foot tower was too big and blocky. Mayor Pro Tem Lindamood stated he thinks the towers will be impressive when the drooping wires are straightened up and the light poles are installed. He further confirmed TIF funding is being used for the gateway elements. Mr. Newman stated they will move forward with the construction documents and will come back to City Council with any questions and updates. City Council Minutes July 7, 2020 City of Colleyville Page 2 WS-2 Discussion of the draft Capital Improvement Program (CIP) Public Works Director Ray Silva-Reyes provided an overview of the benefits of a CIP, highlights of the FY2020 CIP, and proposed FY2021 projects. City Council thanked Director Silva-Reyes and his team for all their efforts in creating and overseeing all the CIP projects. WS-3 Discussion of landscape design for Glade Road/Riverwalk Drive roundabout Assistant City Manager Adrienne Lothery presented this item. The size, possible art, and the roundabout layout were discussed. City Council directed staff to provide a rendering with the roundabout dimensions and overlays for landscape and sculptures for further Council review and direction. WS-4 Discussion of a date for the City Council Goal Setting Worksession The City Council chose the date of Wednesday, July 22, 2020 at 12 noon for the goal setting worksession. WS-5 Discussion of the July 7, 2020, City Council regular agenda items Mayor Newton stated there were four first reading ordinances on the agenda and the two tabled ordinances will remain tabled. Mayor Newton adjourned the Worksession at 6:12 p.m. Mayor Newton called Executive Session to order at 6:12 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: City Council Minutes July 7, 2020 City of Colleyville Page 3 • Acquisition of real property along Main Street • Acquisition of real property along SH26 • Acquisition of right-of-way along John McCain 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 7:08 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:31 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. INVOCATION: Pastor Jeff Strickland, Journey Church 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-20-4513 Mayor Newton read Resolution R-20-4513 in its entirety. Public Works Director Ray Silva-Reyes presented this item, stating the purchase is for right-of-way along John McCain which will allow for the hike and bike trail to be completed to the Cotton Belt Trail, all the way to McPherson Park. Mayor Newton stated the CIP provides the plan and funding to fill in the gaps in the trail. Mayor Newton opened the public hearing at 7:36 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:36 p.m. City Council Minutes July 7, 2020 City of Colleyville Page 4 Mayor Pro Tem Lindamood thanked the property owners for working with the City. Councilmember Dodson made a motion to approve Resolution R-20-4513, seconded by Councilmember Rigney. 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 Mayor Newton read Resolution R-20-4513-1 in its entirety. Mayor Newton stated the City Manager is evaluated by the City Council, following the standard evaluation process which includes a self-evaluation and a 10-part criteria and rating system. He noted each Councilmember completes an evaluation for the City Manager and scores are averaged. The Mayor and each of the Councilmembers thanked the City Manager for guidance and leadership. Mayor Newton opened the public hearing at 7:42 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:42 p.m. Mayor Pro Tem Lindamood thanked the property owners for working with the City. Councilmember Kelley made a motion to approve Resolution R-20-4513-1, seconded by Councilmember Nakamura. 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 provided the following update on COVID-19: COVID-19 Update: Both COVID-19 testing and COVID-19 cases have been increasing across our state and our region. As of today, Colleyville had 45 active cases and thankfully still no deaths. I have said numerous times that each of us individually have the most control over our safety regarding the coronavirus. I urge you to avoid crowds and socially distance. If you are around people outside your family, please wear a mask. Even though numerous media and social media City Council Minutes July 7, 2020 City of Colleyville Page 5 have said I am opposed to masks – that is not true. I regularly wear a mask and I encourage others to do so. In fact I am asking as Mayor of Colleyville that you voluntarily follow all safety protocols. That is in your best interests, your family’s best interests, and your friends and neighbors best interests. I have the upmost confidence in Colleyville residents – you are intelligent, have pride in our community, and care about your family and others. Please do this for your own sake. Here is a summary of the facts as I see them. As I’ve told you many times, I track hospital beds in use by COVID patients – or hospital bed capacity, ventilator capacity and deaths. AS of today Tarrant County hospital bed available capacity is at 32%, just as it was when I did my last video update. Ventilator available capacity is still at 67% and the death rate is not increasing. As of today Tarrant County total deaths are 0.0001 per person in the county – that’s 248 total deaths. If you look at the statistics for testing and deaths by age group, you find that 59% of cases are in the age group less than 45 years old while only 5% of the deaths are in that age group. However, while the age group older than 65 have only 12% of the cases, the over 65 age group has 67% of the deaths. So if you are older - like me – please take extreme precautions. Testing is increasing dramatically in the under 45 age group, therefore more cases are coming in – thank goodness that age group is resilient and the death rate is not increasing. In view of all of this the governor has issued a new order basically requiring that you wear a face mask if you are not socially distanced from others. If you are socially distanced – inside or outside – The governor’s order does not require a mask. I think the governor is working hard to find a balance between our individual constitutional rights as free and healthy people and urging people to take every precaution against the risk of getting the virus. And I do the same. City Councilmembers made the following announcements: Stars & Guitars Event Wrap-up: Approximately 2,500 visitors enjoyed our annual Stars & Guitars Event June 26th. The event culminated with an exceptional, patriotic themed, fireworks show. This family-friendly event provided for social distancing with large open space and radio simulcast of the music for those choosing to remain in their cars. Thank you to all who worked to make this event possible. Election Day Early Voting Information for Primary Runoff Election: Early voting will continue to take place at Colleyville City Hall, 100 Main Street, through July 10 for primary runoff elections. Election Day voting will also be held at Colleyville City Hall on July 14. City Council Minutes July 7, 2020 City of Colleyville Page 6 License Plate Reader Technology Success Story: A few meetings back, this council approved the purchase and installation of license plate readers (LDR) along SH26. We did so with the hope that such technology would assist in criminal investigations. Currently, only a single trailer-mounted LPR is in use within the city. Last week, that single unit assisted our department in apprehending a residential burglar. Police Chief Miller provided highlights of how police work and technology were combined to identify and locate the suspect. Solicitors Active in Colleyville: Residents may notice solicitors in their neighborhood or at their door. It is that time of year when solicitors will be working in our area. All solicitors are required to have a permit from the city. Residents may also request they be added to the “no solicitation list” maintained by the city staff. If a solicitor is active without a permit, please contact the police department. Census Update: Census workers begin knocking on doors August 11, to ensure all residents respond to the 2020 Census through October 31. In the meantime, the Census Bureau continues efforts to increase response rates across our region. Once again, Colleyville leads the county with the highest response rate – currently at 83.3%. If you have not completed your census response, please do so. Responses can be online, phone, or paper form. Call 817-503-1111 for additional information. Library Offers Online Origami Program: Learn the art of Origami in a fun, easy, and interactive setting! This is a wonderful start if you want to learn to fold or improve your folding skills. You only need paper (6 or 8 inch is preferable). Remember, the smaller the square, the harder it will be to fold. Registration required to receive a WebEx event invitation by email. The event will be held on Sat., July 18, noon - 1:30 pm (Ages: 12+). Registration can be done online at ColleyvilleLibrary.com. You can also contact Adult Services at 817-503-1155 or reference@colleyville.com. Encouragement: Mayor Pro Tem Lindamood thanked McKenzie Wollin, owner of Card My Yard, Colleyville, for placing all the encouraging signs around town. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4514 4a Approval of the minutes of the regular City Council meeting of June 16, 2020 4b Approval of the renewal of Superior Vision Insurance, and renewal and award of medical and dental insurance to BlueCross/BlueShield of Texas, and authorizing the City Manager to execute the agreements 4c Approval of a Construction Services Agreement with The Fain Group, Inc., for the SH26 Beautification Project, in an amount not to exceed City Council Minutes July 7, 2020 City of Colleyville Page 7 $5,748,040.30, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-20-4514 in its entirety. Human Resources Director Jesse Perez presented item 4b 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%. Assistant City Manager Adrienne Lothery, Public Works Director Ray Silva-Reyes, and David Newman and Stan Cowan, of MESA, presented item 4c, reviewing the bidding process, the add/alternates, the selection of medium and high priorities, the review process and the recommendation of entering into an agreement with The Fain Group. The Mayor and City Council thanked everyone for their work going into the bidding process which resulted in receiving bids under budget and allowing flexibility in options. Mayor Newton opened the public hearing at 8:19 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in favor of 4c, stating the design sounds wonderful and encouraged the use of ground cover to soften the area and make it appear less stark. She also suggested involving the Garden Club. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:22 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-20- 4514, seconded by Councilmember Nakamura. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-20-2122 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 1, Block 1, of the Stowe Addition, located at 816 Shelton Drive, Case ZC20-009 Mayor Newton read the caption of Ordinance O-20-2122. City Council Minutes July 7, 2020 City of Colleyville Page 8 Principal Planner Jackie Reyff presented this item stating the applicant is requesting a Special Use Permit to allow a five foot steel fence to be located approximately 10 feet from the corner street side property line, which is within the street side yard of the property. Mark Cooper, 2804 Lake Brook Court, Highland Village, the builder and applicant representing the homeowner, stated the SUP for the fence is requested for safety along the driveway and privacy and security from Pleasant Run Road. He further explained he did not apply for a fence permit at the time the building permits were applied for and received and learned of the changes to the Land Development Code when applying for the fence permit in February 2020. Mayor Newton stated the City Council spent a lot of time dealing with this property and stated Mr. Cooper had built a beautiful home on a complicated lot. He further advised Mr. Cooper the timing of the permit did not matter as this Council has not allowed fences to encroach from the side yard to the front and he cannot vote for this. Councilmember Nakamura asked Mr. Cooper why the driveway was not on the west side of the house since that would have solved the problem. Mr. Cooper explained if the driveway had been placed on the west side, there would be no backyard. Mayor Pro Tem Lindamood and Councilmember Dodson stated the regulations were very specific and they will not vote to approve the fence. Councilmember Rigney asked Mr. Cooper if the homeowners would consider a vegetation screening. Mayor Newton opened the public hearing at 8:40 p.m. Kathy Hadley, 204 Timberline Drive North, suggested using shrubs. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:40 p.m. Mr. Cooper asked the City Council to please reconsider their decision. This was a first reading, therefore, City Council did not take action. 5b Ordinance O-20-2123 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 1, Block 8, Creekside at Colleyville, Phase 3, located at 3501 LeJoie Lane, Case ZC20-010 Mayor Newton read the caption of Ordinance O-20-2123. City Council Minutes July 7, 2020 City of Colleyville Page 9 Principal Planner Jackie Reyff presented this item stating the applicant is requesting a Special Use Permit to allow for a five foot iron rod fence to be located five feet from the corner street side property line which is within the street side yard of the property. Planner Reyff explained the building permit was issued for the construction of a new home in August of 2019 and the fence permit was applied for in April 2020 and was denied. The applicant was informed the Land Development Code had been amended by the City Council in August 2019 (Ordinance O-19-2088) and therefore the request by the applicant is not allowed unless approved with an SUP. Cheryl Turner, 5835 Shoreside Bend, Irving, the applicant and President of MainVue Homes, Texas Division, advised the City Council they had not been aware of the change to the LDC until applying for the fence permit. Ms. Turner stated only 10-percent of the lots are left and up until this time, when the lots were being sold and homes designed, MainVue has always represented to homeowners they may determine the type and placement of a fence. She also noted with 89- percent of the development being built out, the precedence for the fence has already been established and in the case before them tonight, this request seeks to tie into an existing fence on the connecting property. Ms. Turner stated she will be bringing forward additional requests for fencing within the development in the future. Mayor Newton asked Ms. Turner if the other fence case before them on this agenda was also hers. Ms. Turner stated the next item will be presented by her colleague Zack Schneider, with Tradition Homes, who is a development partner with MainVue and of the 81 lots MainVue develops, Tradition Homes owns 39 of the lots. Mayor Newton stated he is very tough on variances, there has to be a good reason for the variance, and he and City Council are concerned allowing this SUP would set the wrong precedence for the standards they have established for Colleyville. Mayor Newton noted this development is a PUD which is usually very restrictive, and he does not know why this one does not carry some of those restrictions. He stated he understands why the variance would be asked for as the other homes have a fence, however, it does violate the Land Development Code. Ms. Turner noted Creekside is a more urban feel development with private streets which is 89-percent built, and the community has allowed the fences. She feels the last 10-percent of the properties will be at a disadvantage if they are not allowed the fence as well and the fence is not contrary to the other homeowners within the development. Mayor Pro Tem Lindamood asked Ms. Turner how many lots are left and how many are corner lots. She responded there are 22 starts left and provided an exhibit showing there are nine corner lots, including those belonging to Tradition Homes. City Council Minutes July 7, 2020 City of Colleyville Page 10 At this time, Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney, Tradition Homes, joined Ms. Turner at the podium to assist in answering Councilmember Wheat’s question regarding the number of homes which are not sold on the properties within the development which MainVue and Tradition Homes will seek variances for. Mayor Newton opened the public hearing at 9:04 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to urban fencing. Mark Cooper, 2804 Lake Brook Court, Highland Village, stated the restriction is unusual and he was curious what instituted the change. Mayor Newton stated Colleyville is not any other city, we have very, very high standards, that one of the critical success factors for Colleyville, and I find over time it is very hard work to uphold those standards as elected officials, because you don’t want to tell people no for the things they want to do, but it is fundamentally important to keeping the quality and uniqueness of Colleyville. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:07 p.m. This was a first reading, therefore, City Council did not take action. 5c Ordinance O-20-2124 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Special Use Permit for a fence to extend into the required street side yard on Lots 9 & 10, Block 8, Creekside at Colleyville, Phase 3, located at 3609 LeJoie Lane and 3608 Valmur Avenue, Case ZC20-011 Mayor Newton read the caption of Ordinance O-20-2124. Principal Planner Jackie Reyff presented this item stating this request was different from the previous as the applicant is requesting approval of an SUP to allow for an eight foot pre-sealed cedar fence above an existing retaining wall located within the corner street side yard setback for both properties which is approximately 10 feet from the property line. Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney, Tradition Homes, the applicant, stated there are seven corner lots within Creekside which have a side yard and retaining walls for which they will be requesting fences, thus making those lots more unique. Mr. Schneider noted the retaining walls have sleeves where the fence is supposed to be located. He noted the fences are and will be requested for safety and maintenance. Mr. Schneider noted the request is City Council Minutes July 7, 2020 City of Colleyville Page 11 really to place the fence where the fence was designed to go and work well with the City. Mayor Newton noted the Council did allow a fence on a retaining wall in another neighborhood for safety reasons, and this may also be the case with this fence, however, he has not reviewed all the lots in detail as of yet. There was discussion on the location of the retaining wall, fence, and sidewalk, and the code regarding elevation, retaining walls and engineered walls. Mayor Newton opened the public hearing at 9:24 p.m. There were no one present wishing to speak and Mayor Newton closed the public hearing at 9:25 p.m. This was a first reading, therefore, City Council did not take action. 5d Ordinance O-20-2125 Consideration of amendments to Chapter 1, Section 1.17 of the Land Development Code, specifically for the permitting of expiration of vested project rights Mayor Newton read the caption of Ordinance O-20-2125. Principal Planner Jackie Reyff presented this item stating the City Attorney recommends a development expiration ordinance which would provide for placing an expiration on a permit if progress is not made toward completion of the project in a specified time. Planner Reyff reviewed the definitions, expirations for development projects and permits, individual permits and when a new permit application would be required. City Attorney Whitt Wyatt stated state law provides for cities to adopt dormancy provisions and this is procedural in nature. Mayor Newton stated this would provide for individual permits to expire if nothing had been done within two years of the permit being issued and five years on projects as a whole. Attorney Wyatt concurred this was the most basic explanation. There was general discussion on the types of permits and projects and how they would be considered. Mayor Newton asked where the five year period came from and Attorney Wyatt stated state law. Mayor Newton opened the public hearing at 9:33 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:33 p.m. City Council Minutes July 7, 2020 City of Colleyville Page 12 Ordinances O-20-2111 and O-20-2112 remained tabled. City Manager Jerry Ducay stated staff has met with the applicant and has another meeting planned, and believes the ordinances will come before the City Council soon. 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-20-4515 Approving a resolution amending Resolution R-20-4464 by approving the revised City of Colleyville City Hall Polling Place Electioneering Regulations and Electioneering Designation Map Mayor Newton read Resolution R-20-4515 in its entirety. City Secretary Christine Loven presented this item, highlighting the changes to the electioneering regulations and map. Mayor Newton opened the public hearing at 10:02 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this item, feeling there is too much government and not enough common sense. There were no others present wishing to speak and Mayor Newton closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-20-4515, seconded by Councilmember Kelley. The motion to approve carried by the following vote: Ayes: 4 –Mayor Pro Tem Lindamood, and Councilmembers Dodson, Kelley, and Rigney Nays: 3 – Mayor Newton, Councilmembers Nakamura and Wheat City Council Minutes July 7, 2020 City of Colleyville Page 13 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, stated Colleyville has the best staff and Council, all are accessible, knowledgeable, and kind. She would like the roundabout at Jackson and Glade Roads to appear softer and more natural. Mrs. Hadley stated she will ask about property lines which she needs some assistance with and again thanked the Mayor and City Council for all their hard work. 9. REPORTS Planning and Zoning Commission Minutes - May 11, 2020 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JULY 7, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20- 4516 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:08 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 21ST DAY OF JULY 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary