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HomeMy WebLinkAboutCity Council-Minutes-08/18/2020 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, August 18, 2020 WORKSESSION 4:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the vision for the Northern Gateway property WS-2 Discussion of establishing the tax rate WS-3 Discussion of a date for a Joint City Council and Planning and Zoning Commission Worksession WS-4 Discussion of the August 18, 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 • Right-of-way and easement acquisition on Bills Lane and Glade Road for the CIP Water Line Project 10 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 August 18, 2020 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dave Jung, Crown of Life 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-20-4524 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-20-4525 4a Approval of the minutes of the regular City Council meeting of August 4, 2020 4b Approval of the minutes of the regular City Council meeting of July 21, 2020 4c Approval of a contract with Weaver and Tidwell, L.L.P. for auditing services for fiscal year ending September 30, 2020, in the amount of $50,650 for the audit of 2020 financial statements and Comprehensive Annual Financial Report (CAFR) preparation and printing 4d Approval of a Construction Services Agreement with Infinity Contractors International LTD, for the Justice Center HVAC Replacement Project, in an amount not to exceed $391,045.00, and authorizing the City Manager to execute the agreement 4e Approval of a Professional Services Agreement with the Texas Coalition for Affordable Power (TCAP) and GEXA Energy's Commercial Electric Service Agreement (CESA) for power to be provided on and after January 1, 2023, and authorizing the City Manager to execute the agreements 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - July 2020 City Council Agenda August 18, 2020 City of Colleyville Page 3 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-20-2127 Consideration for a Special Use Permit for a day care center on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-015 6b Ordinance O-20-2128 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district for the Winding Creek development, specifically for hours of operation on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 6c Ordinance O-20-2129 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 7, Creekside at Colleyville, Phase 3, located at 3501 Valmur Avenue, Case ZC20-013 6d Ordinance O-20-2130 Consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 54, Block 5, Creekside at Colleyville, Phase 3, located at 3913 Lambrusco Lane, Case ZC20-014 6e Ordinance O-20-2131 Consideration of a Special Use Permit for a fence to extend into the require street side yard on Lot 3, Block 7, Creekside at Colleyville, located at 3509 Valmur Avenue, Case ZC20-016 6f Ordinance O-20-2132 Consideration of amendments to Chapter 2, Section 2.5 Definitions, Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses, and Chapter 3, Section 3.24.C Special Land Use Standards of the Land Development Code, specifically for the inclusion of Massage Therapy as a land use and for regulations associated with a Massage Therapy use 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 City Council Agenda August 18, 2020 City of Colleyville Page 4 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-20-4526 A resolution re-establishing the Water and Wastewater Rate Advisory Committee, providing a charge, and establishing a date for the final report submittal 8b Resolution R-20-4527 A resolution dissolving the Colleyville Community Garden Advisory Committee and repealing Resolution R-19-4448 8c Resolution R-20-4528 A resolution appointing City Councilmember liaisons to boards, commissions, and committees 9. CITIZEN COMMENTS 10. REPORTS Colleyville Library Advisory Board Meeting Minutes - June 8, 2020 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR - READING AND PUBLIC HEARING - RESOLUTION R-20-452X 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 14, 2020 by 5:00 p.m. Christine Loven, TRMC City Secretary City Council Agenda August 18, 2020 City of Colleyville Page 5 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, August 18, 2020 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, August 18, 2020, at 4:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the vision for the Northern Gateway property Assistant City Manager Adrienne Lothery gave an overview of the parcels which have been purchased by the City and are known as the Northern Gateway. Manager Lothery noted she has had conversations with the City Council regarding planning for the use of the property and how to move forward with the quality standards expected by the Council. She then introduced the City’s consultants for the project, Dallas Cothrum, Ph.D., and Karen Wunsch, Masterplan. Dr. Cothrum provided a history and philosophy of the company, the projects they have worked on, and their goal of seeking City Council discussion and feedback regarding development examples and a project vision. Dr. Cothrum reviewed the community assets, ideas regarding the development, and demographics. Ms. Wunsch and Dr. Cothrum provided information on both local and statewide successes and missed opportunities. They also discussed what their experience has taught them regarding what works when considering development of an area such as the Northern Gateway. There was general discussion regarding Councilmember’s thoughts on what they would like to see. Councilmember Nakamura stated she feels an experience needs to be created to draw people to the space. Councilmembers Rigney and Kelley would like to consider the area being a destination with resort-like amenities and activities, Councilmember Wheat is envisioning a space for an active lifestyle, with activities and food, and Mayor Pro Tem Lindamood feels the creek area needs to be utilized, incorporating a bridge, park, shops, and restaurants which give an inclusive and approachable feel, somewhat similar to 30-A in Florida. City Council Minutes August 18, 2020 City of Colleyville Page 2 Mayor Newton stated each Councilmember needs to create a criteria list, check it against the “what works” criteria provided by Masterplan, and bring their thoughts at a future meeting. It was also decided staff would schedule tours of local areas which will assist the Council in establishing their ideas. WS-2 Discussion of establishing the tax rate Finance Director Kyle Lester presented this item noting the 95% certified tax value provided by the Tarrant Appraisal District (TAD) assumed the properties protested in Colleyville would only have 70% of their value. Colleyville has $600 million of property under protest. This 70% assumption underestimates the certified asset value and causes the computation of the no new revenue tax rate to be higher than expected. He pointed out that the TAD chief appraiser said historical experience is that protested properties come in at about 90% valuation. The Council chose to use an 85% valuation assumption for protested property to compute a modified no new revenue tax rate for Colleyville. This resulted in a tax rate below last year’s tax rate and below the state stipulated no new revenue tax rate. Based on these calculations, Director Lester projected a FY2021 rate of $0.304365 which is projected to save the average tax payer $35.30 annually, and still provide the revenue required for the proposed FY2021 budget. There was general discussion regarding fund balance transfer and Director Lester provided an overall summary of each of the City’s funds. WS-3 Discussion of a date for a Joint City Council and Planning and Zoning Commission Worksession The City Council selected September 22, 2020 at 6:00 p.m. at Colleyville Center as the date for a Joint City Council and Planning and Zoning Commission Worksession. WS-4 Discussion of the August 18, 2020, City Council regular agenda items Mayor Newton stated the applicant for Ordinances O-20-2127 and O-20-2128 have requested they be tabled, Ordinances O-20-2111 and O-20-2112 will be removed from the table and discussed, but will be retabled for final action at a future meeting. Mayor Newton noted the resolution re-appointing the Water and Wastewater Rate Advisory Committee provides for Tim Raine to be appointed Chair, and Councilmember Dodson and himself to be the City Council liaisons to the Committee. Mayor Newton adjourned the Worksession at 6:22 p.m. Mayor Newton called the Executive Session to order at 6:22 p.m. City Council Minutes August 18, 2020 City of Colleyville Page 3 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 • Right-of-way and easement acquisition on Bills Lane and Glade Road for the CIP Water Line Project 10 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:06 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 p.m. INVOCATION: Pastor Dave Jung, Crown of Life 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-20-4524 This resolution was not needed. City Council Minutes August 18, 2020 City of Colleyville Page 4 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton stated Colleyville has done a great job in self reporting for the 2020 Census, but there are still more people to be counted. He encouraged all to participate. Mayor Newton and Councilmembers made the following announcements: COVID-19 Update: Colleyville remains steady in terms of COVID case counts, and we continue to have zero deaths. An interesting occurrence happened last week that is very important. Tarrant County web site showed that Colleyville has less active positive cases than our data showed. We have been using a 14-day roll off of positive COVID cases for a couple of months to show the true risk impact to community health. This means that after 14 days, we move positive cases to “no longer contagious” which we have been referring to as “estimated recoveries”. We do this because 14 days is the commonly known medical community’s quarantine period after a person tests positive for coronavirus. The fact that Tarrant County’s data is now similar, and even more positive for Colleyville, validates our methodology that the newspapers have criticized. My opinion is that the newspapers seems to want to tell the public how bad they think things are, versus providing the public well rounded explanations of all the facts the public needs to know. We, Colleyville, want to be completely transparent and provide all the information that citizens need to know to make their own decisions on how best to take care of their family. With all of that said, Colleyville currently has 60 active positive cases. Tarrant County shows Colleyville only having 39 active cases. Another important point you should know, on August 4th, Tarrant County added 20 presumed positives to our count. These are not cases confirmed by positive test. The County will continue to add these presumed cases into our count, but will not break out which cases are confirmed and which are presumed. Even with adding presumed positives, we continue to see the number of positive COVID cases trend downward. Colleyville’s active positives remain low compared to cumulative positives West Nile Positive Test Results: Last week Tarrant County informed us that we had five mosquito samples test positive for West Nile Virus. Earlier this month, we had two people in Colleyville test positive for West Nile. In addition to fogging the areas, the city will continue to undertake an aggressive information campaign to remind residents to take precautions and use insect repellent when outside. The best defense against WNV is bite prevention. To protect yourself, remember to use the following Ds: 1. DEET-Apply repellent containing an EPA-registered active ingredient, such as DEET, and follow the directions on the package. City Council Minutes August 18, 2020 City of Colleyville Page 5 2. DUSK and DAWN-This is when mosquitoes are most active. Try to avoid outdoor activities during these times. 3. DRAIN STANDING WATER-Standing water is the perfect breeding ground for mosquitoes. Drain such areas around your home (gutters, pools, tires, buckets, water bowls, etc.). 4. DRESS APPROPRIATELY-Wear long-sleeved shirts, long pants, and socks Sales Tax Remains Strong: The Texas Comptroller’s Office has posted the most recent sales tax allocation information for August, representing all receipts from purchases made in June of this year. This is the fourth month following the COVID-19 effects on the economy, and we’re still looking overwhelmingly positive. Our most recent collection came in at 15.4% over FY19 (City & CEDC combined went from $553,033 to $638,051), raising our year-to-date increase to $509,000 over FY19. Finance Director Lester will dive deeper into the numbers as part of his report later tonight. POW Memorial at Sparger Park Enhanced: The Sparger Park POW Memorial has been transformed into a rock garden. Unfortunately, Sparger Park floods frequently with a heavy rain. Therefore, plant material struggles to survive, especially in this area. This new rock garden and new trees will provide a serene area to honor and respect the intentions of the memorial and those who served our great nation. Sparger Park Playground Enhanced: Sparger Park’s playground surface project is underway. The excavation and drainage should be completed this week. The installation of a new, poured in place safety surface should begin next week. This surface will help with maintenance to the playground, especially due to the frequent flooding that occurs at this park and the need to replace the wood fiber that gets washed away with heavy rains. The project is scheduled to be completed by the end of August. McDonwell School Road Roundabout Update: The roundabout at McDonwell School Road and Westcoat is now open to thru traffic. Work continues in the area at the neighboring roundabout at John McCain and Westcoat. We thank the public for their patience as we continue to enhance the roads within our community. Kudos to Police Department Property & Evidence Team: Police Property & Evidence Audit Compliments Department: This week the Police Department had our annual outside Property & Evidence audit that was conducted by Property Room Consulting out of New Jersey. The consultant randomly audited approximately 950 items of property and reviewed our policies and procedures over a 4 day period of time. The consultant has done hundreds of audits over the years and told us that the Colleyville Police Department was the 2nd best City Council Minutes August 18, 2020 City of Colleyville Page 6 department he had seen in his career and that our packaging of evidence was the very best he had ever seen “hands down”. He said he could tell that our Property & Evidence operation had been well managed for many years. He only found 1 item that was misplaced out of 950 (the misplaced item was ultimately located in another evidence box). That’s an error rate of .001053. We want to congratulate Property & Evidence Technician Kila Gurule on a job well done. She is a great employee and represents the professionalism and dedication to excellence we all strive for in the Police Department. Tri-County Power Outages: Recently, the NW section of the city experienced power interruptions. Staff had a call with the Tri-County CEO and staff earlier this week. They shifted around some of their electricity load to deal with changing demands over the last few months with folks working from home, etc. Their older system couldn't handle the loads and now they are making some needed upgrades and replacements. The planned outages related to system improvements that should now be complete. They are confident all repairs have been made and no further power outages/failures should occur. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4525 4a Approval of the minutes of the regular City Council meeting of August 4, 2020 4b Approval of the minutes of the regular City Council meeting of July 21, 2020 4c Approval of a contract with Weaver and Tidwell, L.L.P. for auditing services for fiscal year ending September 30, 2020, in the amount of $50,650 for the audit of 2020 financial statements and Comprehensive Annual Financial Report (CAFR) preparation and printing 4d Approval of a Construction Services Agreement with Infinity Contractors International LTD, for the Justice Center HVAC Replacement Project, in an amount not to exceed $391,045.00, and authorizing the City Manager to execute the agreement 4e Approval of a Professional Services Agreement with the Texas Coalition for Affordable Power (TCAP) and GEXA Energy's Commercial Electric Service Agreement (CESA) for power to be provided on and after January 1, 2023, and authorizing the City Manager to execute the agreements Mayor Newton read Resolution R-20-4525 in its entirety. Finance Director Kyle Lester presented item 4b noting this is year three of a five year agreement for auditing services and Weaver and Tidwell, L.L.P.'s most recent City Council Minutes August 18, 2020 City of Colleyville Page 7 peer review report dated October 16, 2019, gave the firm peer review rating of pass, which is the highest rating a firm can receive. There were no questions from the City Council and Councilmembers Wheat and Dodson, who serve on the Audit Committee, stated they have been pleased with the firm’s work. Public Works Director Ray Silva-Reyes presented item 4d and explained staff recommends awarding the bid to the second lowest bidder based on qualifications and references. Councilmember Dodson asked staff why the contingency was so high. Director Silva-Reyes stated the contingency is a built-in safeguard and is seldom used, but he prefers to have the funding immediately available if needed. Councilmember Dodson thanked Director Silva-Reyes for producing the reports which show if contingency funds for any of the projects are being used. Mayor Pro Tem Lindamood stated Director Silva-Reyes did a good job in reviewing and verifying the bids and noted there is a $40,000 difference between the lowest and second lowest bidder. Assistant City Manager Adrienne Lothery presented item 4d stating TCAP is a Texas non-profit corporation created in 2001 with over 150 members which efficiently purchases wholesale electricity by pooling the electricity buying needs of its members. Manager Lothery stated approval of the agreements would authorize the City’s participation in the Strategic Hedging Program (SHP) for energy needs beginning in 2023 and allows TCAP to procure power in the wholesale market on the City’s behalf and provides for GEXA Energy (the retail electric provider who handles billing for TCAP members to reflect participation in the SHP. Margaret Somereve, TCAP Interim Executive Director, explained the fixed price contracts lock in a price for the entire term as prices can vary significantly over the course of a year, and suppliers add in premiums to the price as you extend for longer term contracts. Participation in the SHP provides an opportunity to buy two years out in the “sweet spot” where the market assumes pricing will be at its lowest. This means SHP is still buying electricity at a fixed price, but in a more sophisticated manner that takes advantage of energy market dynamics. The SHP allows the use of up to five qualified vendors, rather than the current practice of awarding a contract to a single vendor for many years at one point in time. Councilmember Dodson stated the monthly purchase using up to five vendors is the biggest advantage of the plan. There were no other questions and Mayor Newton opened the public hearing at 8:05 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:05 p.m. Councilmember Wheat made a motion to approve Resolution R-20-4525, seconded by Councilmember Dodson. City Council Minutes August 18, 2020 City of Colleyville Page 8 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. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - July 2020 Finance Director Kyle Lester presented the monthly financial report providing the highlights of each fund, property and sales tax revenue, and a recap of the City’s strong financial standing. Mayor Newton asked Director Lester why the drainage fund cash flow was higher than last year. Director Lester stated it is attributable to lower expenditures, personnel, and contractual expenses. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-20-2127 Consideration for a Special Use Permit for a day care center on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-015 At the request of the applicant, City Council voted unanimously to table this item. 6b Ordinance O-20-2128 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district for the Winding Creek development, specifically for hours of operation on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 At the request of the applicant, City Council voted unanimously to table this item. 6c Ordinance O-20-2129 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 7, Creekside at Colleyville, Phase 3, located at 3501 Valmur Avenue, Case ZC20-013 Mayor Newton read the caption of Ordinance O-20-2129. Community Development Director Ben Bryner stated there have been no updates since the August 4, 2020 City Council Meeting. He said the request is for approval of an SUP to allow for a 5 foot iron rod fence to be located approximately five feet from the corner street side property line which is within the street side yard of the property. City Council Minutes August 18, 2020 City of Colleyville Page 9 Mayor Newton stated this is one request of three which will be considered and voted during this meeting. Mayor Newton stated there was a lot of discussion regarding fencing in this subdivision and regarding this property at the last meeting and as he has stated before, he cannot find any rationale to approve this request. Councilmember Dodson asked if there is a wrought iron fence at the house this property backs up to. Director Bryner stated the fence is wood. Mayor Newton opened the public hearing at 8:20 p.m. Applicant Cheryl Turner, MainVue Homes, 5835 Shoreside Bend, Irving, stated she is present as a resource and asked for approval as a fence was previously allowed and had been a part of the marketing plan. Ms. Turner also noted the community build out is coming to a close and this will be the last time she is before the Council with a request. Mayor Newton asked Ms. Turner if the marketing plan was changed when the Land Development Code was updated. Ms. Turner responded yes. Sanjay and Jayshree Patel, 4844 Van Zant Drive, Keller, owners of this home, asked for an individual review and stated the fence behind him is wood and he feels not allowing the fence he is requesting causes a loss of use of his land. Additionally, Mr. Patel stated this is a small community with two entrances and no one will see the fence. Mrs. Patel provided information about the room occupancy and request for the fence for privacy to a specific room. Mayor Newton stated the ordinances are in place for a reason, one of which is to provide quality developments to Colleyville standards and this City Council has held up to insisting on adherence to this high standard. He added it is his opinion not allowing the fence does not stop a use of the land. Kathy Hadley, 204 Timberline Drive North, stated she does not understand the concern for allowing an iron fence. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:34 p.m. Mayor Pro Tem Lindamood made a motion to deny Ordinance O-20-2129, seconded by Councilmember Dodson. The motion to deny carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney City Council Minutes August 18, 2020 City of Colleyville Page 10 6d Ordinance O-20-2130 Consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 54, Block 5, Creekside at Colleyville, Phase 3, located at 3913 Lambrusco Lane, Case ZC20-014 Mayor Newton read the caption of Ordinance O-20-2130. Community Development Director Ben Bryner presented this item noting the request is for approval of a request for a Special Use Permit (SUP) for a five foot iron rod fence to encroach into the street side yard setback for a corner lot. Director Bryner stated at the August 4, 2020 City Council Meeting, there was discussion regarding the current masonry wall and tying the fence into the wall and rear corner of the house. Mayor Newton stated this item was discussed in great detail and as he has stated before, he needs there to be an extenuating circumstance before he will vote in favor of an SUP, and in this case, the wall is an extenuating circumstance. Mayor Pro Tem Lindamood stated he believes this will provide for symmetrical correctness. Applicant Cheryl Turner, MainVue Homes, 5835 Shoreside Bend, Irving, stated the planned fence would be wrought iron along the side of the house and tie into the existing masonry fence to finish out the appearance, while leaving the trees outside the wrought iron fence. Mayor Newton opened the public hearing at 8:49 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:49 p.m. Councilmember Dodson made a motion to approve Ordinance O-20-2130 with the following amendments: the approval is limited to the portion of the 5 foot tall wrought iron fence to be installed from the location of the existing masonry fence along the rear of the property, running west along the north side of the lot and turning back to the rear of the residential structure, as depicted by the dotted blue line in Exhibit B of the ordinance, and permitting the wrought iron fence to encroach into the street side yard setback for a corner lot, seconded by Mayor Pro Tem Lindamood. The motion to approve as amended carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney City Council Minutes August 18, 2020 City of Colleyville Page 11 6e Ordinance O-20-2131 Consideration of a Special Use Permit for a fence to extend into the require street side yard on Lot 3, Block 7, Creekside at Colleyville, located at 3509 Valmur Avenue, Case ZC20-016 Mayor Newton read the caption of Ordinance O-21-2131. Community Development Director Ben Bryner presented this item stating this property is across the street from the property considered in the last item the Council approved as amended. Director Bryner said the homeowner is seeking approval of a Special Use Permit (SUP) for a six foot wood fence to be placed on a retaining wall and encroach into the street side yard setback for his corner lot. Director Bryner noted at the last meeting, the owner stated there was a wall along the proposed fence and staff has verified the tallest height of the wall is 3.5 feet, located in the back corner. Mayor Newton stated this item was discussed at great length at the last meeting and the applicant wanted more than was allowed and he did not feel there were any extenuating circumstances which would compel him to vote in favor of this item. Mayor Newton opened the public hearing at 8:55 p.m. Applicant Amish Patel, 3509 Valmur Avenue, presented his request and asked City Council to approve the request because it is not safe, noting the wall height of 3.5’ at the back corner. Mr. Patel stated his lawn service will not mow the area where he is requesting the fence for safety along the area. Mr. Patel asked Mayor Newton who is liable if someone is walking along the area and falls. Mayor Newton told Mr. Patel he would be liable because it is his property and asked Mr. Patel if he would be willing to consider a wrought iron fence. Mr. Patel stated he wants a wood fence because the other fence is wood. There was discussion regarding the wall and iron fencing. Mayor Newton said the 3.5 wall height could be considered a safety issue and a basis for allowing the fence to be moved to the wall location if it was wrought iron like other fences in the area, but this would only apply to the fence adjacent to the patio. After clarification by Councilmember Wheat, Mr. Patel agreed this would be a satisfactory solution. There was discussion regarding the wall and iron fencing. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:17 p.m. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-20- 2131 with the following amendments: the approval is limited to a 6 foot City Council Minutes August 18, 2020 City of Colleyville Page 12 tall wrought iron fence to be connected to and installed in line with the existing wood fence running along the rear of the property, extending the fenced area to the existing retaining wall, then running along the retaining wall (utilizing existing fence post holes) and turning back to the rear of the residential structure, as depicted by the solid red line in Exhibit B; permitting the wrought iron fence to encroach into the street side yard setback for a corner lot; and the material and color to be used for the wrought iron fence shall be consistent with the existing wrought iron fencing located upon the lots near and surrounding the above described tract of land, seconded by Councilmember Rigney. The motion to approve as amended carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 6f Ordinance O-20-2132 Consideration of amendments to Chapter 2, Section 2.5 Definitions, Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses, and Chapter 3, Section 3.24.C Special Land Use Standards of the Land Development Code, specifically for the inclusion of Massage Therapy as a land use and for regulations associated with a Massage Therapy use Mayor Newton read the caption of Ordinance O-20-2132. Community Development Director Ben Bryner presented this item stating at the August 4, 2020 City Council Meeting, City Council requested the automatic exception from the 300 foot separation requirement be removed. Director Bryner noted the separation requirement has been removed and he quickly reviewed the changes including new definitions, identifying the use within the Schedule of Permitted Principal Uses chart, and new regulations specific to massage therapy uses. He stated the proposal is for a land use classification of Massage Therapy (Licensed and Unlicensed) within the Schedule of Permitted Principal Uses chart and requires a Special Use Permit approval to be allowed only within the CC-1, CC- 2, and CC-3 zoning districts. Mayor Newton opened the public hearing at 9:23 p.m. Kathy Hadley, 204 Timberline Drive North stated she is in full support of this item. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:24 p.m. Councilmember Kelley made a motion to approve Ordinance O-20-2132, seconded by Councilmember Rigney. City Council Minutes August 18, 2020 City of Colleyville Page 13 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 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 Councilmember Dodson made a motion to remove Ordinance O-20-2111 from the table, seconded by Councilmember Wheat and unanimously passed. 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 Councilmember Wheat made a motion to remove Ordinance O-20-2112 from the table, to allow discussion of Ordinance O-20-2111 and O-20-2112 to be discussed at one time, seconded by Councilmember Nakamura and unanimously passed. Mayor Newton read the captions of Ordinance O-20-2111 and Ordinance O-20- 2112. Mayor Newton stated these items had been tabled at the March 3, 2020 City Council Meeting to allow an opportunity for Bluebonnet officials and citizens to address concerns regarding drainage, screening, and above ground improvements. Director Bryner reviewed the request and the changes which include: Setbacks • No grave site or cemetery improvement shall be closer than 25 feet to the east property line with the exception of drainage improvements and landscaping • No private mausoleum/crypt shall be allowed within 100 feet of Hall Johnson Road and the eastern boundary shared with the Broughton subdivision Drainage • Drainage conveyance to the north side of Lot 21 improved to direct discharge into Camden Green • Drainage conveyance (new concrete channel) to the south to the existing drainage system in the Broughton Addition • The existing swale shall be cleaned and maintained by the cemetery Screening Wall & Landscaping • 8’ Wall a minimum of 23 feet from the east property line except adjacent to Lot 21 City Council Minutes August 18, 2020 City of Colleyville Page 14 • 8’ Wall on west property line of Lot 21 to replace the existing wood fence • 6 trees – 1 over-story tree installed for each adjacent residential home Director Bryner stated what did not change was: grave site spoils are to be stored in the cemetery’s maintenance area; a minimum 3’ ornamental iron/tubular fence is required along Hall-Johnson Road; a minimum 3’ shrub/hedge row will be planted along Hall-Johnson Road; and the conditions are subject to the signed agreements with the adjacent subdivisions. Patrick Husband, 3723 Pine Cone Trail, Pasadena, applicant, thanked the City Council, staff, and residents for working with Bluebonnet to understand and address the concerns. Mr. Husband answered questions of the City Council which included addressing drainage issues, the height of the mausoleums, wall, and landscaping. Mayor Newton opened the public hearing at 9:57 p.m. Kathy Hadley, 204 Timberline Drive North, spoke for this item and with concern for the cemetery meeting all the wants of the Broughton homeowners because the cemetery was in place long before the subdivision. She is also in favor of trees instead of a wall. Mayor Newton asked if the residents were good with the changes. Mindy Russell, 1805 Camden Green, thanked the City Manager and Mr. Husband for working with the residents. She stated she has spoken with all the neighbors and everyone is at peace with the land elevation, drainage, and masonry wall. Ms. Russell stated she would like to make a couple of clarifications and she sent those to the City Manager in an email. She specifically asked Bluebonnet to continue to work with them to address concerns going forward as they arise, asked for the masonry wall to be constructed in earth tones, and the trees be of an evergreen variety. Jim Taylor, 1821 Camden Green, Broughton HOA President, also thanked the City Manager and Mr. Husband and stated he wanted to be on record as being pleased with the resolution to the development issues and homeowner issues. There were no others wishing to speak and Mayor Newton closed the public hearing at 10:03 p.m. Mayor Newton stated all of the items discussed, in addition to the agreements with the Stonecrest and Broughton HOA’s will be written into the ordinance and expressed his appreciation to the City Manager, Patrick Husband, and residents who worked toward the solution. City Council Minutes August 18, 2020 City of Colleyville Page 15 Councilmember Dodson made a motion to table Ordinance O-20-2111 and Ordinance O-20-2112 to allow time for the exhibits and ordinances to be modified based on the discussion, seconded by Councilmember Rigney. The motion to table carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Mayor Newton called a recess at 10:08 p.m. and reconvened at 10:22 p.m. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-20-4526 A resolution re-establishing the Water and Wastewater Rate Advisory Committee, providing a charge, and establishing a date for the final report submittal Mayor Newton read Resolution R-20-4526 in its entirety. Mayor Newton stated this resolution reinstates the Water and Wastewater Rate Advisory Committee and charges them with reviewing their previous work and establishing a CIP fee component and making a recommendation to the City Council. Mayor Newton opened the public hearing at 10:27 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:27 p.m. Councilmember Nakamura made a motion to approve Resolution R-20- 4526, seconded by Councilmember Wheat. 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 8b Resolution R-20-4527 A resolution dissolving the Colleyville Community Garden Advisory Committee and repealing Resolution R-19-4448 Mayor Newton read Resolution R-20-4527 in its entirety. Mayor Newton stated this Committee gave a solid effort to involve the community in a community garden, but now is not the right time and he appreciates all the work of the Committee. City Council Minutes August 18, 2020 City of Colleyville Page 16 Mayor Newton opened the public hearing at 10:31 p.m. Kathy Hadley, 204 Timberline Drive North, stated gardens are a lot of work, but she did think it was a wonderful program. There were no others wishing to speak and Mayor Newton closed the public hearing at 10:33 p.m. Councilmember Rigney made a motion to approve Resolution R-20-4527, seconded by Mayor Pro Tem Lindamood. 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 8c Resolution R-20-4528 A resolution appointing City Councilmember liaisons to boards, commissions, and committees Mayor Newton read Resolution R-20-4528 in its entirety. Councilmember Dodson stated this is an opportunity for City Council to provide advice to the boards, commissions, and committees, it is not to take away from them. Mayor Newton agreed and stated it is a mechanism by which the elected officials can advise on the City Council’s processes and thoughts. Mayor Newton opened the public hearing at 10:36 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:36 p.m. Councilmember Kelley made a motion to approve Resolution R-20-4528, seconded by Councilmember Dodson. 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 9. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, addressed a concern regarding a fence at Sherwood and Jackson. She concluded her remarks by expressing her appreciation to the City Council, City Manager, and staff for the work they do every day. City Council Minutes August 18, 2020 City of Colleyville Page 17 10. REPORTS Colleyville Library Advisory Board Meeting Minutes - June 8, 2020 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR - READING AND PUBLIC HEARING - RESOLUTION R-20-4529 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 10:43 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 1ST DAY OF SEPTEMBER 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary